Darryl Pearson v Owners Corporation SP 8600 [2015] NSWCATCD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Darryl Pearson v Owners Corporation SP 8600 [2015] NSWCATCD 83 Hearing dates: 2 July 2015 Decision date: 13 July 2015 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: 1. By consent, Wayne James Lawrence is removed as an appellant in these proceedings. 2. The decision of the adjudicator made on 13 November 2014 on application SCS 14/40660 is revoked and the following orders are made in substitution for it. 3. The appellant may use lot 9 for the storage of one or more cars, treated pine logs, masonry blocks and other items of a domestic rather than commercial or industrial nature provided all stored items are stored in a neat and tidy manner and appropriately covered with a tarpaulin or other suitable material and the lot is otherwise kept free of waste vegetation, vermin and rubbish.

4. Waste vegetation currently on lot 9 shall be removed by the appellant within 14 days of the date of these orders. Legislation Cited: Civil and Administrative Tribunal Act 2013, Strata Schemes Management Act 1996 (the Management Act), Strata Schemes Freehold Development Act 1973. Category: Principal judgment Parties: Darryl Pearson (Appellant) Owners Corporation SP 8600 (Respondent) Representation: Mr Wayne Lawrence represented the appellant Mr Allan Robinson represented the respondent File Number(s): SCS 14/59254 Publication restriction: Nil

REASONS FOR DECISION

INTRODUCTION 1. This is an appeal made pursuant to the provisions of the Management Act s 177 against the orders of the Adjudicator on application SCS 14/40660 made on 13 November 2014. 2. The appeal initially named Wayne Lawrence and Darryl Pearson as appellants. However, as Mr Pearson and his wife are the owners of the lot within the strata scheme in respect of which orders were made by the adjudicator (lot 9) I am satisfied that Mr Lawrence (a previous owner of the lot and now the representative of the appellant) should be removed as an appellant. 3. The parties agreed to that course of action. 4. Mr Lawrence, father of the appellant Mr Darryl Pearson, was granted leave to represent the appellant and Mr Allan Robinson, chairman of the executive committee of the Owners Corporation, was granted leave to represent the respondent.