Croyden & Anderson v The Owners – Strata Plan No 1583 [2015] NSWCATCD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Croyden & Anderson v The Owners – Strata Plan No 1583 [2015] NSWCATCD 104 Hearing dates: 6 May 2015 Decision date: 01 September 2015 Jurisdiction: Consumer and Commercial Division Before: S Hennings, General Member Decision: 1. Pursuant to Section 181(3) of the Strata Schemes Management Act 1996 the orders made by Adjudicator Buckley on 19 December 2014 in matter SCS 14/23943 are revoked.

2. Pursuant to Section 181(3) of the Strata Schemes Management Act 1996 the application to the Adjudicator made in matter SCS 14/23943 by the Owners Corporation is dismissed. Catchwords: Repeal of a by-law conferring exclusive rights or privileges over common property Legislation Cited: Strata Schemes Management Act 1996 Cases Cited: Reen v Owners Corporation SP300 [2008] NSWSC 1105 White v Betalli & Anor [2007] NSWCA 243 Long v Milman (Strata & Community Schemes) [2005] NSW CTTT 503 OC SP 69481 v Want(Strata & Community Schemes) [2013] NSW CTTT 440 Casuarina Rec Club Pty Limited v The Owners – Strata Plan 77971 [2011] NSWCA 159 Category: Principal judgment Parties: Barbara Croyden & Ronald Leslie Croyden & Sylvia June Croyden & Nicole Elizabeth Anderson (Applicants) The Owners – Strata Plan No 1583 (Respondent) Representation: Solicitors: Mr Mueller (Appellants) Mr Fini (Respondent) File Number(s): SCS 14/61627 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. This appeal was lodged with the Tribunal on 24 December 2014. The appellants sought to challenge the decision of Strata Schemes Adjudicator Buckley made on 19 December 2014 in matter SCS 14/23943. Strata Adjudicator Buckley made the following orders: 1. In accordance with s.158(1) of the Strata Schemes Management Act 1996, I find that the respondents have unreasonably refused to consent to the repeal of Special By-Law 1 of Strata Plan 1583. 2. Special By-Law 1 of Strata Plan 1583 is repealed. 3. Pursuant to s.209 of the Strata Schemes Management Act 1996 the applicant, Owners Corporation SP 1583 is to immediately take all steps to facilitate the registration of the repeal Special By-Law 1 with the Registrar General to give effect to this order within 21 days of the date hereof. 1. The appellants sought in this appeal that Adjudicator Buckley's orders be revoked and in lieu thereof an order should be made dismissing the Owners Corporation's application to the Adjudicator. The appellants' position was that their refusal to consent to the proposed repeal of the Special By-Law was reasonable and, to the extent that Adjudicator Buckley held otherwise, he erred. 2. The respondent Owners Corporation sought that the appeal be dismissed. 3. On 30 December 2014 the Tribunal made an order staying Adjudicator Buckley's orders subject to the appeal being finally determined. 4. The Tribunal is satisfied that the appeal has been properly brought and made within the provisions of Sections 177 & 181 of the Strata Schemes Management Act 1996 and the Tribunal has jurisdiction to determine the matter.