Andelman v Small [2020] NSWCATAP 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Andelman v Small [2020] NSWCATAP 32 Hearing dates: 20 January 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member G Curtin SC, Senior Member Decision: (1) Appeal dismissed. Catchwords: LAND LAW – strata title – obligations of owners and occupiers - by-laws – transmission of noise Legislation Cited: Strata Schemes Management Act 2015 (NSW), ss 232, 241. Cases Cited: Felcher v The Owners – Strata Plan No 2738 Texts Cited: None cited Category: Principal judgment Parties: Natalie Andelman (Appellant) Deborah Small (Respondent) Representation: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 19/47821 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 September 2019 Before: L Wilson, Senior Member File Number(s): SC 19/34361

REASONS FOR DECISION 1. This is an appeal by one lot owner (the appellant) from a decision of the Tribunal ordering her to ensure all floor space within her lot (with some exceptions) is covered or treated (sound-proofed) to an extent sufficient to prevent the transmission of noise likely to disturb the peaceful enjoyment of the lot below hers, being the lot owned by the respondent. 2. For the reasons that follow the appeal must be dismissed.