Reen v Owners Corporation SP300 [2008] NSWSC 1105

New South Wales Supreme Court

CITATION : Reen v Owners Corporation SP300 [2008] NSWSC 1105

HEARING DATE(S) : 25 September 2008

JUDGMENT DATE : 23 October 2008

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

(1) The appeal is dismissed. DECISION : (2) The orders of Senior Tribunal Member Balding dated 29 May 2008 are affirmed. (3) The amended summons filed 28 July 2008 is dismissed. (4) The plaintiffs are to pay the first defendant's costs as agreed or assessed.

John Noel Reen (First Plaintiff) PARTIES : Barbara Patricia Reen (Second Plaintiff) Owners Corporation of Strata Plan 300 (First Defendant) Consumer Trader & Tenancy Tribunal (Second Defendant)

FILE NUMBER(S) : SC 13169/2008

COUNSEL : D C Price (First Defendant)

Thomas McDarra & Co (Plaintiffs) SOLICITORS : David Le Page (First Defendant) Submitting Appearance, Crown Solicitor (Second Defendant)

LOWER COURT JURISDICTION : Consumer Trader and Tenancy Tribunal of NSW

LOWER COURT FILE NUMBER(S) : SCS07/60548

LOWER COURT JUDICIAL OFFICER : Senior Tribunal Member Balding

LOWER COURT MEDIUM NEUTRAL CITATION : [2008] NSWCTTT 1040

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

THURSDAY, 23 OCTOBER 2008

13169/2008 - JOHN NOEL REEN v OWNERS CORPORATION SP300

JUDGMENT (Appeal – s 158 Strata Schemes Management Act ) 1 HER HONOUR: This dispute has a long history. At this property at Bellevue Hill there are eight units and only five existing car spaces. By amended summons filed 28 July 2008, the plaintiffs seek leave to appeal the decision of Senior Tribunal Member Balding dated 29 May 2008 and an order that the previous orders of Adjudicator Taylor be upheld. 2 By notice of contention filed 16 September 2008, the first defendant contends that the orders made by the Consumer Trader and Tenancy Tribunal should be affirmed on grounds additional to those relied on by the court below, but does not seek a discharge or variation of any part of the decision. 3 The first plaintiff is John Noel Reen. The second plaintiff is Barbara Patricia Reen (the Reens). The first defendant is the Owners Corporation of Strata Plan 300 (SP300). The second defendant is the Consumer Trader and Tenancy Tribunal (CTTT) who has filed a submitting appearance. The Reens relied on a bundle of documents marked Ex "A". SP300 relied on a bundle of documents marked Ex "1".