Owners Corporation Strata Plan 300 v John Noel Reen & anor [2004] NSWSC 1006

New South Wales Supreme Court

CITATION : Owners Corporation Strata Plan 300 v John Noel Reen & anor [2004] NSWSC 1006 HEARING DATE(S) : 25/8/04 JUDGMENT DATE : 29 October 2004

JUDGMENT OF : Hislop J DECISION : 1. Appeal dismissed

CATCHWORDS : Appeal from the Consumer Trader and Tenancy Tribunal's determination as to validity of by-law - Factual issues - No error of law Conveyancing (Strata Titles) Act 1961 Crimes (Local Courts Appeal and Review) Act 2001 - Sch 1 cl 4 LEGISLATION CITED : Justices Act 1902 - s 104(1)(a), Part 5 Strata Schemes Management Act 1996 - ss 177, 200 Strata Titles Act 1973 - ss 58, 68, Sch 4 cl 15(2), CASES CITED : Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Owners Corporation Strata Plan 300 - Plaintiff PARTIES : John Noel Reen - First Defendant Barbara Patricia Reen - Second Defendant FILE NUMBER(S) : SC 11097/03 COUNSEL : Mr T J Hancock SC with Mr J Donohue - Plaintiff Mr M Walton SC - First and Second Defendants SOLICITORS : Truman Hoyle - Plaintiff Dibbs Barker Gosling - First and Second Defendants

LOWER COURT Consumer Trader and Tenancy Tribunal of NSW JURISDICTION : LOWER COURT SCS 02/42966 FILE NUMBER(S) : LOWER COURT Mr H E Moore JUDICIAL OFFICER :

- 9 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

29 October 2004

11097/03 Owners Corporation Strata Plan 300 v John Noel Reen & Anor

JUDGMENT 1 HISLOP J: This is an appeal by the plaintiff from an order of the Consumer Trader and Tenancy Tribunal ("the Tribunal") dated 2 April 2003 reversing the order of an adjudicator that a by-law of the plaintiff was invalid. 2 The background facts are: a) Strata Plan 300 was registered on 11 July 1963 pursuant to the Conveyancing (Strata Titles) Act 1961 in respect of an existing building at 14 Fairfax Road, Bellevue Hill. The building was divided into eight residential home units. There were five garages.