Eadie v Harvey [2017] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eadie v Harvey [2017] NSWCATAP 201 Hearing dates: 3 August 2017 Date of orders: 18 October 2017 Decision date: 18 October 2017 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: (1) Amber Wheedon is joined to the proceedings as the second appellant.

(2) Leave is granted to the first appellant to represent the second appellant on the hearing of the appeal.

(3) Appeal dismissed. Catchwords: STRATA TITLES- due adoption and registration of By-Laws- effect of Model By-Laws under Strata Schemes Management Act 1996 (NSW) and Strata Schemes Management Act 2015 (NSW)- effect of oral agreements to vary- absence of licence to use the common property or any proposed change of relevant by-law- effect of ss 131(2) and 149(3) of Strata Schemes Management Act 2015 (NSW). APPEALS- consideration of evidence by Tribunal below- what constitutes proper consideration- Appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (No 2) (NSW), ss 44, 45 Strata Scheme Management Act 1996 (NSW), ss 47, 48, Strata Scheme Management Act 2015 (NSW), ss 131, 141, 149 Strata Schemes (Freehold Development) Act 1973 (NSW) s 8 Strata Schemes Management Regulation 1997 (NSW) Cases Cited: Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Whisprun Pty Ltd v Dixon [2003] HCA 48 at [62]; (2003) 77 ALR 1598 at 1610 Collins v Urban [2014] NSWCATAP 17 Texts Cited: Nil Category: Principal judgment Parties: Stuart James Eadie (First Appellant) Amber Wheedon (Second Appellant) Joni Harvey (Respondent) Representation: S Eadie (Appellants) Self-Represented (Respondent) File Number(s): AP 17/18879 Publication restriction: Unrestricted Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 13 April 2017 Before: R Harris, General Member File Number(s): SC 16/54159