Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102

Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102

The Tribunal found, and the Appeal Panel agreed, that the appellants did not establish on the evidence that the noise or disturbances constituted a nuisance within the meaning of s 153 of the Strata Schemes Management Act 2015 (NSW), as there was no sufficient objective evidence the use of the commercial lot was excessive or unreasonable beyond ordinary standards.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['nuisance' 'noise Complaints' 'strata Schemes' 'residential and Commercial Properties' "interpretation of 'nuisance' Under Strata Schemes Management Act"]
['land Law' 'strata Title'] ['nuisance' 'noise Complaints' 'strata Schemes' 'residential and Commercial Properties' "interpretation of 'nuisance' Under Strata Schemes Management Act"]

Case Brief

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Procedural Posture

Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether noise and related disturbances from a commercial lot constituted a nuisance under s 153 of the Strata Schemes Management Act 2015 (NSW)' "Whether the Tribunal at first instance failed to consider the appellants' evidence or gave insufficient reasons" 'Whether the decision was not fair and equitable or was against the weight of evidence']

Ratio Decidendi

The Tribunal found, and the Appeal Panel agreed, that the appellants did not establish on the evidence that the noise or disturbances constituted a nuisance within the meaning of s 153 of the Strata Schemes Management Act 2015 (NSW), as there was no sufficient objective evidence the use of the commercial lot was excessive or unreasonable beyond ordinary standards.

Court Disposition

Appeal dismissed

Orders

  • ["The appellants' application for leave to rely on the proposed amended Notice of Appeal is allowed." 'The appeal is dismissed.' 'The respondents are to lodge submissions and evidence in support of any costs application with the Appeal Registry and give them to the appellants within 14 days of publication of the...