Roseby v The Owners - Strata Plan No 2400 [2018] NSWCATCD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roseby v The Owners - Strata Plan No 2400 [2018] NSWCATCD 72 Hearing dates: 13 July 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Consumer and Commercial Division Before: G J Sarginson, Senior Member Decision: 1. The application is dismissed.

2. Any application for costs is to be made by written application containing written submissions (no more than 4 pages) to be filed with the Tribunal and served on the other party on or before 14 days from the date of this decision.

3. Any response to the application for costs is to be made by written submissions (no more than 4 pages) to be filed with the Tribunal and served on the other party on or before 14 days thereafter.

4. Costs submissions are to include reference as to whether the parties consent to the issue being determined on the papers. Subject to the submissions of the parties, the issue of costs will be determined on the papers pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: STRATA SCHEMES - Refusal of consent - Minor alterations by Lot owner - Whether consent unreasonably refused.

STRATA SCHEMES - Alteration of common property - Passing of special privileges by-law - Whether owners corporation unreasonably refused to pass. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW). Strata Schemes Management 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bartlett v Owners Corporation SP 1429 [2011] NSWCTTT 219 Carroll OC SP 865 v Aldritt [2013] NSWCTTT 525 OC SP 69481 v Want [2013] NSWCTTT 440 Olive Grove Investment Holdings Pty Ltd v The Owners-Strata Plan No 5942 [2015] NSWCATCD 120 The Owners Corporation Strata Plan No. 63341v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Category: Principal judgment Parties: Thomas Roseby (Applicant) The Owners - Strata Plan No 2400 (Respondent) Representation: Counsel: Ms A. Gibbons (Applicant)