NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v The Owners – Strata Plan No. 43094 [2024] NSWCATAP 186 Hearing dates: 8 August 2024 Date of orders: 30 September 2024 Decision date: 30 September 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member P H Molony, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Time for compliance with the orders made by the Tribunal on 15 April 2024 is extended so that the time for compliance with: (a) order (1)(a) is now 30 October 2024; (b) order (1)(b) is now 30 December 2024; and, (c) order 2 – time to renew – is now 30 December 2024. Catchwords: APPEAL – leave to appeal – refused LAND LAW – Strata Title – owners carrying out unauthorised works on common property – action to compel removal of works and restoration of common property. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Scheme Management Act 2015 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578, [2000] FCA 1343 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Craig v The State of South Australia (1995) 184 CLR 163 Elsayed v Tassone [2022] NSWCATAP 69 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Texts Cited: None Category: Principal judgment Parties: Alison Loise Smith and Grant Darren Smith (Appellants) The Owners – Strata Plan No. 43094 (Respondent) Representation: Appellant - Alison Loise Smith Respondent – Natalie Syzmanski – agent File Number(s): 2024/00180037 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: NA Date of Decision: 15 April 2024 Before: G Blake SC, Senior Member File Number(s): 2023/00374834
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