The Owners – Strata Plan 30198 v Barnes [2018] NSWCATCD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 30198 v Barnes [2018] NSWCATCD 8 Hearing dates: 19 February 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Jurisdiction: Consumer and Commercial Division Before: J Smith, Senior Member Decision: 1. The application is dismissed. 2. If any party seeks an order for costs, leave is granted to file and serve a short written submission on that issue only within 14 days of the date of these orders. 3. Leave is granted for the other party to file and serve a short written submission in reply within a further 14 days. 4. Submissions are to include a statement on whether the party seeks a further hearing on costs or are content to have the issue dealt with "on the papers" Catchwords: By-law interpretation, "in keeping with the rest of the building", whether garden area included in "building". Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Owners Strata Plan No 54411 & Ors v Cameron North Sydney Investments [2003]NSWCA 5, The Owners Corporation No 3 PS419703E v Bell [2017]VCAT 494 The Owners Corporation Strata Plan No 37762 v Dinh Phuong Pham [2006]NSWSC 1287, The Owners-Strata Plan 22784 v Jones [2001]NSWSSB19 The Owners-Strata Plan 50442 v Chalik [2005]NSWCTTT294, The Owners-Strata Plan 60612 v Lloyd [2005]NSWCTTT206, The Owners-Strata Plan 73943 v Gazebo Penthouse Pty Ltd [2014]NSWSC 1536 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan 30198, applicant Julie Anne Barnes, respondent Representation: The applicant was represented by Mr Bryan Jenkins, by leave of the Tribunal The respondent was represented by Mr Peter Fairfield, solicitor, by leave of the Tribunal File Number(s): SC 17/ 29021