Gregory v Community Association DP No 270127 [2024] NSWCATCD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gregory v Community Association DP No 270127 [2024] NSWCATCD 42 Hearing dates: 27 November 2023, final written submissions received 8 December 2023 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: (1) The application is dismissed. (2) Unless either party files submissions in accordance with order (3) below, there will be no order in relation to the costs of the proceedings. (3) If either party seeks an order in relation to the costs of the proceedings, they may file, and serve upon the other party, submissions of no more than five pages, with any evidence in support, within 14 days of the publication of these orders. (4) If a party files and serves submissions pursuant to Order (3) above, the other party may file and serve submissions in response of no more than five pages, with any evidence in support, within a further 14 days. (5) Submissions in reply to submissions filed and served pursuant to Order (4) above, of no more than three pages, may be filed and served within a further 7 days. (6) Any submissions filed pursuant to Orders (3) or (4) above must include submissions concerning whether an order should be made pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of the application for costs. Catchwords: LAND LAW – Community title – Community scheme – Community association – Where by-laws of community association require the approval of the community association for any alteration to a lot which alters the external appearance of the lot – Extent of the jurisdiction of the Tribunal to review a decision of a community association to refuse approval – Circumstances in which a decision of a community association may be set aside or overruled by the Tribunal. Legislation Cited: Community Land Development Act 1989 (NSW) Community Land Development Act 2021 (NSW) Community Land Management Act 1989 (NSW) Community Land Management Act 2021 (NSW) ss 128, 193, 195 Environmental Planning and Assessment Act 1979 (NSW) Strata Schemes Management Act 1996 (NSW) s 138 Strata Schemes Management Act 2015 (NSW) ss 126, 149, 232 Cases Cited: Cooper v Owners – Strata Plan No 58068 (2020) 103 NSWLR 160; [2020] NSWCA 250 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Foley v Padley (1984) 154 CLR 349 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145; (2010) 174 LGERA 67 New South Wales v Beck [2013] NSWCA 437 Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315 The Owners – Strata Plan No 37762 v Pham [2006] NSWSC 1287 The Owners – Strata Plan Number 68255 v Downs; Downs v The Owners – Strata Plan No 68255 [2021] NSWCATCD 34 The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404; [1994] HCA 54 Vickery v The Owners - Strata Plan No 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284 Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: Pearce, Statutory Interpretation in Australia (Ninth edition 2019) Category: Principal judgment Parties: Leyla Gregory (Applicant) Community Association DP No 270127 (Respondent) Representation: Counsel: S Thomson (Applicant) T Davie (Respondent)