Terry v Drummond [2019] NSWCATCD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Terry v Drummond [2019] NSWCATCD 47 Hearing dates: 7 May 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Consumer and Commercial Division Before: S de Jersey, General Member Decision: Pursuant to section 232 of the Strata Schemes Management Act NSW 2015 the respondent is to install carpet floor coverings with a high grade acoustic underlay to at least 80% of the following timber floor areas of Lot 2 in SP 17771 by 19 July 2019:

the dining area of the combined kitchen/dining area;

the upstairs hall areas.

Pursuant to section 232 of the Strata Schemes Management Act NSW 2015 the respondent is to give access to the owners of Lot 1 in SP 17771 (or their representative) to Lot 2 for the sole purpose of inspecting Lot 2 in SP 17771 to ascertain that floor coverings have been installed as ordered above.

Access to Lot 2 in Order 2 is to be granted by the respondent to the applicant at a mutually convenient time and no later than 19 July 2019.

Pursuant to Section 232 of the Strata Schemes Management Act NSW 2015 the owner or occupier of Lot 2 in SP 17771 must not create any noise in Lot 2 likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

Pursuant to section 232 of the Strata Schemes Management Act NSW 2015, the owner or occupier of Lot 2 in SP 17771 is not to use power tools inside Lot 2 for a period of 2 years from the date of these orders as follows:

(a)For Mondays – Fridays, outside the hours of 9.00AM to 5.00PM;