Feletti v Eales [2019] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feletti v Eales [2019] NSWCATAP 100 Hearing dates: 25 February 2019 Date of orders: 24 April 2019 Decision date: 24 April 2019 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member D Fairlie, Senior Member Decision: 1.The Owners - Strata Plan 2223 is joined as the second respondent. 2.Leave to appeal refused. 3.Appeal dismissed. Catchwords: APPEAL – strata scheme – noise transmission - compliance by tenant with by-laws – objective test - whether function conferred or imposed by legislation or by-laws – whether error of law Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Director of Public Prosecutions v Kilbourne [1973] 1 All ER 440 Felcher v The Owners-Strata Plan 2738 [2017] NSWCATAP 219 Gao v Agostini [2009] NSWCTT 175 Nowak v Pellicciotti [2018] NSWCATCD 9 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Soliman v University of Technology Sydney [2012] FCAFC 146 Walsh v The Owners of Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: Cross on Evidence 9th Australian edition Category: Principal judgment Parties: Marie Feletti (Appellant) John Eales (Respondent) Representation: A Maroya (Counsel) (Appellant) K Christou ( Managing Agent) (Respondent) File Number(s): AP 18/51842 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 02 November 2018 Before: D A C Robertson, Senior Member File Number(s): SC 18/21384