Williams v The Owners – Strata Plan No 3192 [2018] NSWCATCD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v The Owners – Strata Plan No 3192 [2018] NSWCATCD 77 Hearing dates: 7 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Consumer and Commercial Division Before: R C Titterton, Principal Member Decision: 1. The application is dismissed.

2. Order (4) of the orders of 9 November 2018 is revoked.

3. The respondent is to file and serve any submissions as to costs by 7 December 2018.

3. The applicants are to file and serve any submissions as to costs by 21 December 2018. Catchwords: STRATA SCHEMES - unreasonable refusal to make a common property rights by-law - failure to provide a written consent to the making of a Special By-Law Legislation Cited: Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2013 (NSW) Cases Cited: CS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193 Fazlic v Milingimbi Community Inc [1982] HCA 3; 150 CLR 345 Fulham Partners LLC v National Australia Bank Ltd [2013] NSWCA 296 Gazebo Penthouse Pty Limited v Owners Corporation SP 73943 [2015] NSWCATCD 93 James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590 Lee v Geray, [2015] NSWCATCD, 14 April 2015 Owners Corporation SP 32033 v Mullins [2015] NSWCATCD 23 Owners Corporation Strata Plan 7596 v Risidore [2003] NSWSC 966 Reen v Owners Corporation SP 300 [2008] NSWSC 1105 Reilly v The Owners, SP 18687 [2007] NSWCTTT 58 Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19 Category: Principal judgment Parties: Julie Williams, Kent Williams and Rhiannon Williams (Applicants) The Owners – Strata Plan No 3192 (Respondent) Representation: Solicitors: