Kahn v Owners Corporation SP 2010 [2017] NSWCATCD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kahn v Owners Corporation SP 2010 [2017] NSWCATCD 39 Hearing dates: 30 March 2017 and 27 April 2017 (on papers) Decision date: 25 May 2017 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1 The Owners Corporation is to grant an exclusive use By-law in favour of the owner for the time being of lot 1 in the following terms:- (i) the Proprietors – Strata Plan No. 2010 do hereby grant and confer on the Registered Proprietor for the time being of lot 1, Strata Plan 2010 the exclusive right to enjoy and use free of charge and without costs to the said Registered Proprietor, that part of the common property being the garage designated "1" on the plan marked "A" annexed to the Notification of Change of By-laws Reg. no. L199774, together with the right to ingress thereto and egress there from PROVIDED THAT the Registered Proprietor for the time being of lot 1shall permit the body corporate its servants and agents at all times to enter upon such part of the common property for the purpose of inspecting the same and maintaining, repairing, service thereof or maintaining or repairing or renewing any pipes, wires or other connections for the time being existing in the common property used or capable of being used in connection with any other lots or other part of the common property or for the purposes of ensuring that the By-laws are being observed. (ii) This By-law shall not be amended, added to or repealed except with the consent in writing of the Registered Proprietor for the time being of lot 1. 2 The application is otherwise dismissed. Catchwords: Strata Scheme enforcement of By-law – appointment of a managing agent. Legislation Cited: Strata Schemes Management Scheme 1996 ss. 153, 158, 162 and 164. Cases Cited: Mathews v The Owners SP 2751 [2010] NSW CTTT 274 Rapoda and Greg Harris Constructions v Owners Corporation SP47451 [2013] NSW CTTT 166 Reen v Owners Corporation SP300 [2008] NSW SC 1105 The Owners – Strata Plan 5709 v Andrews [2009] NSW CA 189 Bischoff and Ors v Rita Sahade and Anor [2015] NSW CAT AP 135 Allen and Ors v Tri Care (Hastings Pty Ltd) and Anor [2015] NSW SC 416 Owners SP 67631 v Waters and Gardner [2010] NSW CTTT 343 Olive Grove Investment Holdings Pty Ltd v The Owners – SP 5942 [2015] NSW CATCD 120 Owners Corporation Strata Plan 69481 v Want [2013] NSW CTTT 440 Category: Principal judgment Parties: Joel Willie Kahn – Applicant Owners Corporation SP 22010 – Respondent Representation: Solicitors: Turnbull Bowles Lawyers for the applicant Argus Lawyers for the respondent File Number(s): SCS 16/39836 Publication restriction: Nil