Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCATCD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 68751 v Community Association DP 270281 [2015] NSWCATCD 99 Hearing dates: On the papers Decision date: 20 August 2015 Jurisdiction: Consumer and Commercial Division Before: K Rosser, Senior Member Decision: The application is dismissed. Catchwords: Community Management Statement; By-law; Whether by-law invalid; whether by-law not in the interests of the Community Association or lot owners Legislation Cited: Community Land Management Act 1989 Community Land Development Act 1989 Strata Schemes Management Act 1996 Cases Cited: Casuarina Rec Club Pty Ltd v The Owners – Strata Plan 77971 [2011] NSWCA 159 Petrofina (Gt Britain) Ltd v Martin (1966) CH 146 Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd [1965] 2 All ER 933 Quadramain Pty Ltd v Sevastopol Investments Pty Ltd (1976) 133 CLR 390 Category: Principal judgment Parties: Owners Corporation SP 68754 (applicant) Community Association DP No. 270281 (first respondent) Neighbourhood Association DP No. 285743 (second respondent) Neighbourhood Association DP No. 285761 (third respondent) Neighbourhood Association DP No.285711 (fourth respondent) Owners Corporation SP 67774 (fifth respondent) Owners Corporation SP 69600 (sixth respondent) McKenzie Aged Care Group (seventh respondent) Representation: ONeills Law for the applicant J.S Mueller & Co Lawyers - first respondent File Number(s): SCS 14/27600 Publication restriction: Nil