The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 Hearing dates: 5 February 2020; 12 February 2020 Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Equity Before: Darke J Decision: Summons is dismissed with costs. Catchwords: LAND LAW – strata title – by-laws – construction – special by-law conferring right upon lot owner to use part of common property for parking – whether right conferred in substitution for right of lot owner to park in existing parking lot – use of extrinsic circumstances as an aid to construction – cautionary approach – special by-law construed so that right conferred is not in substitution for owner's right to park in existing lot

LAND LAW – strata title – obligations of owners and occupiers – whether parking by lot owner in parking lot causes a nuisance to other occupiers of lots – inconvenience also caused by presence of gardens on common property – parking on lot held not to amount to a nuisance – not an unreasonable interference with the rights of other owners or occupiers of lots – Strata Schemes Management Act 2015 (NSW), s 153(1)(a) Legislation Cited: Strata Schemes (Freehold Development) Act 1973 (NSW) Strata Schemes Management Act 2015 (NSW), s 153(1)(a) Strata Schemes Management Act 1996 (NSW) Cases Cited: Cannell v Barton [2014] NSWCATCD 103 EB 9 & 10 Pty Ltd v The Owners – Strata Plan No 934 (2018) 97 NSWLR 227; [2018] NSWSC 464 Elston v Dore (1982) 149 CLR 480 Gisks v The Owners – Strata Plan No 6743 [2019] NSWCATCD 44 Hargrave v Goldman (1963) 110 CLR 40 Sedleigh-Denfield v O'Callaghan [1940] AC 880 The Owners of Strata Plan No 3397 v Tate (2007) 70 NSWLR 344; [2007] NSWCA 207 Category: Principal judgment Parties: The Owners Strata Plan No 2245 (Plaintiff) Allan Veney (Defendant) Representation: Counsel: Mr A E Maroya (Plaintiff) Mr H Jewell (Defendant)