Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27

NSW Caselaw

Document text

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Capcelea v The Owners – Strata Plan No 48887 [2019] NSWCATCD 27 Hearing dates: 25 January 2019 Date of orders: 15 March 2019 Decision date: 15 March 2019 Jurisdiction: Consumer and Commercial Division Before: G Burton SC, FCIArb, Senior Member Decision: 1. Order pursuant to section 149 of the Strata Schemes Management Act 2015 (NSW) that the by-laws described as special by-laws 45, 46, 47 and 48 in the draft minutes of the extraordinary general meeting of the Owners Corporation SP 48887 on 18 September 2018 are prescribed as changes to the by-laws of the said strata scheme, with the wording that appears in those draft minutes as copied at pages 597 to 617 of Ex A1 vol 2 in the proceedings and with special by-law 45 to operate on and from 22 May 2013 and special by-laws 46, 47 and 48 to operate on and from 18 September 2018.

2. Order the Owners Corporation SP 48887 promptly to do all acts necessary to record the by-laws described in order 1 pursuant to section 246 of the Strata Schemes Management Act 2015 (NSW).

3. Note the agreement of the parties that questions of costs can be decided on written submissions without the need for further hearing on costs.

4. Order as follows:

4.1 Any party's written submissions and any further evidence in chief on costs is to be lodged with the Tribunal and served on each other party on or before 4 April 2019.

4.2 Any party's written submissions and any further evidence in reply on costs is to be lodged with the Tribunal and served on each other party on or before 18 April 2019.

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

2. Order the Owners Corporation SP 48887 promptly to do all acts necessary to record the by-laws described in order 1 pursuant to section 246 of the Strata Schemes Management Act 2015 (NSW).

3. Note the agreement of the parties that questions of costs can be decided on written submissions without the need for further hearing on costs.

4. Order as follows:

4.1 Any party's written submissions and any further evidence in chief on costs is to be lodged with the Tribunal and served on each other party on or before 4 April 2019.

4.2 Any party's written submissions and any further evidence in reply on costs is to be lodged with the Tribunal and served on each other party on or before 18 April 2019.

Read full text →