Gisks v The Owners – Strata Plan No 6743; The Owners – Strata Plan No 6743 v Gisks [2019] NSWCATCD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gisks v The Owners – Strata Plan No 6743; The Owners – Strata Plan No 6743 v Gisks [2019] NSWCATCD 44 Hearing dates: 3 May 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. At all times Frances Cameron must not smoke on the balcony or in the bedrooms of lot 7 and must close all exterior doors and the bedroom 1 window, the bedroom 2 window and the bathroom window when smoking in lot 7. Catchwords: STRATA SCHEMES MANAGEMENT ACT - s153 – Smoking as a Hazard and Nuisance Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 (NSW) Strata Schemes Management Act 2015 Cases Cited: Adams v New South Wales Land & Housing Corporation [2016] NSWCATAP 31 Bill Sheath and Rhonda Sheath v Rick Whitley and Sandra Whitley [2014] NSWCATCD Category: Principal judgment Parties: Proceedings SC 18/52678: Martin Gisks (Applicant) The Owners – Strata Plan 6743 (First Respondent) Frances Cameron (Second Respondent)

Proceedings SC 19/06382: The Owners – Strata Plan No 6743 (Applicant) Martin Gisks (Respondent) Representation: Martin Gisks (self-represented) The Owners – Strata Plan No 6743 (self-represented) File Number(s): SC 18/52678 & SC 19/06382 Publication restriction: Nil