The Owners - Strata Plan No 62022, Carina Gilster Celia Bischoff, Eckhart Bischoff v Rita Sahade, Anthony Sahade and Victor Sahade [2014] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 62022, Carina Gilster Celia Bischoff, Eckhart Bischoff v Rita Sahade, Anthony Sahade and Victor Sahade [2014] NSWCATCD 28 Hearing dates: 17 and 18 June 2013 and 4 November 2013 Decision date: 19 March 2014 Jurisdiction: Consumer and Commercial Division Before: R F Buckley, Senior Member Decision: Orders are made as follows: The respondents are not to unreasonably to use spotlights erected by them on the northern boundary of their lot, including the access handle, so as to unreasonably illuminate or shine into the interior of either of lots 1 or 2. The respondents, Anthony and Victor Sahade shall not threaten or act in an aggressive manner towards the owners and occupiers of lots 1 an 2 when upon the common property of the strata scheme, by language or behaviour. The respondents shall not consistently and unreasonably park on common property without the approval of the Owners Corporation, and not allow their invitees to do so. The respondents are not to park upon common property in a persistent and long term manner so as to unreasonably obstruct the lawful use of the common property by other persons, or allow their invitees to do so. The respondent Victor Sahade shall not drive on the common property in a dangerous and noisy manner. The respondents are not to play music in the parcel of their lot in such a manner of unreasonably loud volume, or at times as to be disruptive to the residents and occupants of lots 1 and 2. The respondents shall not damage, remove or prune vegetation on the common property without the consent of the Owners Corporation. Not later than 16 May 2014 the first respondent, Rita Sahade is to present to the Owners Corporation, in accordance with s 52 of the SSMA a duly drafted proposed exclusive use by-law giving to the owner for the time being of lot 3, the exclusive use and ongoing maintenance obligations of those works described in proposed orders 9(b) - (h) as being, skylights installed in the roof to lot 3;covers of the original skylights of lot 3; the enclosure structures to the southern courtyard of lot 3 including the glazed skillion roof; the new deck to lot 3 described as being unauthorised; the additional rooms adjacent to the studio of lot 3 including windows and doors; doorway and steps on the western elevation of the dwelling structure on lot 3; and services to and other structures to two new bathrooms installed in the dwelling of lot 3. Legislation Cited: Strata Schemes Management Act 1996 (NSW) Cases Cited: Jones v Dunkel [1959] HCA 8 Category: Principal judgment Parties: The Owners - Strata Plan No 62022, Carina Gilster, Celia Bischoff and Eckhart Bischoff (applicants) Rita Sahade, Anthony Sahade and Victor Sahade (respondents) Representation: Dr C Birch of Senior Counsel, 17, 18 June 2013; Mr L Grey of Senior Counsel, 4 November 2013 for the applicants Mr M V Sahade of Counsel for the respondents David Le Page (applicants) Trinity Legal (respondents) File Number(s): SCS 11/62452 Publication restriction: Unrestricted