McGhee v The Owners – Strata Plan No.1687 [2019] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGhee v The Owners – Strata Plan No.1687 [2019] NSWCATCD 60 Hearing dates: 29 April 2019 Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, Tribunal Member Decision: 1. The application is dismissed Catchwords: Repeal of a by-law unreasonably refused – change of by-law conferring exclusive rights over common property for car parking. Legislation Cited: Strata Schemes Management Act 2015 ss 143, 149. Civil and Administrative Tribunal Act 2013 ss 36,45 Cases Cited: Reen v Owners Corporation SP 300 [2008] NSWSC 1105 Croydon and Anderson v the Owners strata Plan No. 583 [2015] NSWCATCD 104 Sole Australia Pty Ltd v Public interest Advocacy Centre and Anor [1992]FCA 241. George v Rocket [1990] 170 CLR 104 at 112. Owners SP 69140 v Drewe [2017] NSWSC 845 Olive Grove Investment Holdings Pty Ltd v The Owners Strata Plan 5942 [2015] NSWCATCD 120 Category: Principal judgment Parties: Andree McGhee (Applicant) The Owners – Strata Plan No. 1687 (Respondent) Representation: Applicant (self-represented) Mr Earl (for the respondent) Solicitors: Bannermans Lawyers (for the respondent) File Number(s): SC18/48908

reasons for decision

Background 1. Strata Plan 1687 is located at 132 -134 Wallis Avenue Strathfield and the applicant Andrew McGhee and his wife Rebecca are owners of Lot 27 in that Strata Complex. When the complex was constructed in 1964 there was provision for 30 car spaces. The Strata Plan was duly registered in 1965 and at that time there were 27 strata units with a total of 30 parking spaces or garages and all car spaces were common property. 2. On 26 February 1975 a special by-law was passed which allocated garage spaces or car spaces to 26 of the 27 lots excluding Lot 27. 3. On 25 May 1989 a change of by-laws was registered which gave effect to a re-allocation of garage spaces or car spaces to some of the lots. Again there was no allocation for Lot 27.