Pollack v The Owners – Strata Plan No. 2834; The Owners – Strata Plan No. 2834 v Pollack [2019] NSWCATAP 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pollack v The Owners – Strata Plan No. 2834; The Owners – Strata Plan No. 2834 v Pollack [2019] NSWCATAP 227 Hearing dates: 31 July 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Anderson, Senior Member Decision: In AP 19/21640:

(1) The appeal is dismissed except to the extent of making the orders described below; (2) Order 3(iv) is set aside and in its place the following order is made: (iv) The Owners Corporation is to seal the hole in the floor of the enclosed room on the roof top area which provides a means of access to lot 44 in a proper and competent manner, in accordance with all applicable laws and within a reasonable timeframe. (3) Order 1 is varied by deleting reference to Order 3(iv); and (4) Order 3(v) is varied to the extent that the operation of that order is to be read as referring to the new Order 3(iv) as opposed to the previous Order 3(iv) (now set aside)

In AP 19/27290:

(1) The appeal is dismissed

In relation to both appeals:

(1) If either party seeks an order for costs of the appeals to be paid by the other party, they must make written submissions seeking such costs orders within 21 days of the date of these orders; (2) Any party wishing to respond to such submissions must respond in writing by lodging their submissions with the Tribunal and serving a copy on the other party within 21 days thereafter; and (3) The parties may include in their submissions a submission as to whether it is appropriate for the Appeal Panel to determine the question of costs of the appeal on the papers and dispense with a further hearing Catchwords: By-law – construction of by-law – consent to amend by-law – damages Legislation Cited: Conveyancing Act 1919 Conveyancing (Strata Titles) Act 1961 NSW Environmental Planning and Assessment Regulation 2000 Strata Schemes Management Act 2015 Strata Schemes Management Regulation 2016 Strata Titles Act 1973 NSW Cases Cited: Biviano v Natoli (1998) 43 NSWLR 695 Collins v Urban [2014] NSWCATAP 17 Crawley v Cohchrane (unreported) New South Wales Supreme Court Cohen J 14 October 1998, BC 9805307 Feletti v Eales [2019] NSWCATAP 100 House v The King (1936) 55 CLR 499 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 The Owners of Strata Plan No 3397 v Tate [2007] NSWCA 207 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Walsh v The Owners – Strata Plan No 10349 [2017] NSWCATAP 230 Texts Cited: Nil Category: Principal judgment Parties: AP 19/21640 Joseph Pollack (Appellants) Denise Susan Solden (Appellant) The Owners - Strata Plan No. 2834 (Respondent)