Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61 Hearing dates: 20 May 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Consumer and Commercial Division Before: N Vrabac, Senior Member Decision: Pursuant to s 150(1) of the SSM Act an order is made declaring by-law 14 of Strata Plan 55773 passed at an EGM in 2013 invalid because it is harsh, unconscionable and oppressive in breach of section 139(1).

The applicant's application to make an interim order pursuant to s 231 of the SSM Act on behalf of a 3d party is dismissed. Catchwords: By-law banning all animals Legislation Cited: Strata Schemes Management Act 1996 ("the former SSM Act") Strata Schemes Management Regulation 2010 ("the former SSM Regulation") Strata Schemes Management Act 2015 ("SSM Act") Strata Schemes Management Regulation 2016 ("SSM Regulation") Cases Cited: Allen v Townsend (1977) 16 ALR 301 Body Corporate for River City Apartments v McGarvey ((2012) QCATA-057). Edelston v Wilcox (1998) 83 ALR McKenzie v Body Corporate Kings Row CentreQCATA-57. Owners of Strata Plan3397 v Tate (2007) NSWLR 344 Owners SP67631 v Waters and Gardner [2010] NSWCTTT Qantas Airways Ltd v Cameron (1996) 66 FCR Rhode Island [2012] QBCC MCmr Sydney Diagnostic Services Pty Ltd v Hamlena Pty Ltd (1991) 5 BPR 11. Yardy v Owners Corporation SP 57237 [2018] NSWCATCD 19 Category: Principal judgment Parties: Robert Roden (applicant) The Owners-Strata Plan No 55773 (respondent) Representation: Mr R Roden (applicant in person)