Nowak v Pellicciotti [2018] NSWCATAP 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nowak v Pellicciotti [2018] NSWCATAP 245 Hearing dates: 30 July 2018 Date of orders: 16 October 2018 Decision date: 16 October 2018 Jurisdiction: Appeal Panel Before: R C Titterton, Principal Member D A C Robertson, Senior Member Decision: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) extend the time for the appellant to lodge his appeal to 18 May 2018. (2) Refuse the application for leave to appeal. (3) Dismiss the appeal. (4) The respondent may within 14 days of the date of publication of this decision file written submissions concerning the costs of the appeal. Such submissions should address the question whether the issue of costs can be determined on the papers without a hearing. (5) If the respondent files submissions in accordance with Order (4) above, the appellant may file written submissions in reply within a further 14 days, such submissions should address the question whether the issue of costs can be determined on the papers and without a further hearing. Catchwords: LAND LAW – strata title – by-laws – disturbing the peaceful occupation of another lot – objective test – replacement of carpet by floating wooden floor – breach of by-laws not established on the evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Felcher v The Owners - Strata Plan 2738 [2017] NSWCATAP 219 Gao v Agosti [2009] NSWCTTT 175 Gussoni v Burnheim [2018] NSWCATAP 75 Category: Principal judgment Parties: Joseph Nowak (Appellant) Marcello Pellicciotti (Respondent) Representation: Appellant: Self-represented Respondent: Self-represented File Number(s): AP 18/22615 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Date of Decision: 13 April 2018 Before: J A Ringrose, General Member File Number(s): SC 17/37708