The Owners-Strata Plan No 6534 v El Khouri [2015] NSWCATCD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No 6534 v El Khouri [2015] NSWCATCD 147 Hearing dates: 22 September 2015 and 23 September 2015 Decision date: 04 December 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The appeal is dismissed and the orders of the Adjudicator are affirmed.

2. The application for reinstatement of repealed By-law 2 is dismissed.

3. The application for repairs is dismissed.

4. The Tribunal prescribes the making of a By-law in the terms set out as motion 10 in the notice of annual general meeting on 4 December 2013, a copy of which is attached to these orders. The Owners Corporation is forthwith to do all acts and things necessary to register the By-law with the Registrar General. The applicant is to pay and bear all costs of the registration of the By-law. Catchwords: Prescription of special By-law – persons entitled to vote at general meetings. Legislation Cited: Strata Schemes Management Act 1996 ss 138, 157, 158, 177 & 181 Cases Cited: Zouk v Owners Corporation Strata Plan 4521 and anor [2005] NSWSC 845 Costa and anor v The Public Trustee of New South Wales [2008] NSWCA 223 Gett v Tabet [2009] NSWCA 76 The Owners SP56911 v Stricke [2012] NSWCTTT 392 The Owners SP 32033 v Mullins [2015] NSWCATD 23 Nolan v Owners Corporation SP 5803 [2013] NSWCTTT 220 Owners Corporation SP 7596 v Risidore and Ors [2003] NSWSC 966 Chen and Ors v Owners Corporation SP 65870 [2010] NSWCTTT 330 Reen v Owners Corporation SP 300 [2008] NSWSC 1105 Category: Principal judgment Parties: The Owners-Strata Plan No 6534 (Applicant) Said El Khouri (Respondent) Representation: Counsel: Mr Ireland - respondent Solicitors: Ms J Crittenden (applicant) Bayside Solicitors (respondent) File Number(s): SCS 15/07057 Publication restriction: Nil