NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners - Strata Plan No 73943 v Gazebo Penthouse Pty Limited [2014] NSWSC 1536 Hearing dates: 2 October 2014 Decision date: 14 November 2014 Jurisdiction: Common Law Before: Hamill J Decision: (1) Application for leave to appeal granted. (2) Appeal allowed. (3) The judgment and orders of the Civil and Administrative Tribunal of New South Wales on 24 April 2014 be set aside. (3) The matter is remitted to the Civil and Administrative Tribunal of New South Wales to be dealt with according to law. (4) The defendant is to pay the plaintiff's costs. Catchwords: CIVIL LAW - strata plan - dispute between owner of penthouse and owners corporation - construction of by-law under strata plan - whether by-law provided for exclusive use and enjoyment of elevator - whether elevator exclusively serviced a particular unit - whether tribunal erred in using extrinsic material to construe the by-law - whether tribunal erred in its use of technical specifications as to the programming of lift - relevance of the history of use of lift by occupants of building - whether history of use of lift established that lift exclusively serviced particular unit - leave to appeal - where elevator the only lift capable of carrying a stretcher and large furniture - whether appeal raised a question of law or fact Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 1996 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Gazebo Penthouses Pty Ltd v The Owners - Strata Plan No. 73943 [2014] NSWCATCD 55 Norrie v NSW Registrar of Births Deaths and Marriages [2013] NSWCA 145; 84 NSWLR 697 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207; 70 NSWLR 344 Category: Principal judgment Parties: The Owners - Strata Plan No. 73943 (Plaintiff) Gazebo Penthouse Pty Limited (Defendant) Representation: Counsel: V F Kerr (Plaintiff) P W Grey SC (Defendant) Solicitors: Makinson d'Apice Lawyers (Plaintiff) Le Page Lawyers (Defendant) File Number(s): 2014/154447
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate