Nowak v Pellicciotti [2018] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nowak v Pellicciotti [2018] NSWCATCD 9 Hearing dates: 9 February 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose – General Member Decision: 1. The application is dismissed 2. Each party is to bear their own costs Catchwords: Application by lot owner seeking compliance with by-laws – lot owner creating noise likely to interfere with peaceful enjoyment of an adjoining lot owner – floor coverings sufficient to prevent the transmission of noise likely to disturb the peaceful enjoyment of another lot owner or occupier. Legislation Cited: Strata Schemes Management Act 2015 ss. 153, 232 and 241. Cases Cited: St Helen Melting Co. v Tipping [1865] 11 HSC 562 Hargrave v Goldman [1963] 110 CLR 40 Curragh Coals Sales Co. Pty Ltd v Wilcox [1984] FCR 46 George v Rockett [1990] 170 CLR 104 at 112 Opera House Investments v Devon Buildings Pty Ltd [1936] 55 CLR 110 at 116 per Latham J Walsh v The Owners – Strata Plan number 10349 [2017] NSWCATAP 230 Felcher v The Owners – Strata Plan number 2738 [2017] NSW CATAP 219 Gao v Agosti [2009] NSW CTTT 175 Category: Principal judgment Parties: Joseph Nowak – Applicant Marcello Pellicciotti - Respondent Representation: Each party appeared in person File Number(s): SC 17/37708 Publication restriction: Nil