The Community Association DP 270427 v Kazagrandi; Kazagrandi v The Community Association DP 270427 [2024] NSWCATCD 8

The Community Association DP 270427 v Kazagrandi; Kazagrandi v The Community Association DP 270427 [2024] NSWCATCD 8

By-Law 11.4 is valid and operative, not void for uncertainty, and is not harsh, unconscionable, or oppressive. The Lot Owners breached the by-law by parking a boat and trailer visible from a public space without written approval. No credible discretionary or equitable reason exists to decline enforcement of the by-law. The Parking Easement also supports enforcement.

Jurisdiction
Australia
Judgment Date
02 January 2024
Procedural Posture
Application for Tribunal Orders Regarding Compliance With Community Scheme by Laws / Principal Judgment and Orders
Outcome
Community Association's application granted; Lot Owners' application dismissed.
Legal Topics
['validity and Enforcement of by Law' 'uncertainty' 'harshness, Unconscionability or Oppressiveness' 'easements' 'discretionary Relief' 'costs Directions']
['community Title' 'administrative Law'] ['validity and Enforcement of by Law' 'uncertainty' 'harshness, Unconscionability or Oppressiveness' 'easements' 'discretionary Relief' 'costs Directions']

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Procedural Posture

Application for Tribunal Orders Regarding Compliance With Community Scheme by Laws / Principal Judgment and Orders

Legal Issues

  1. 1 ['Whether By-Law 11.4 is void for uncertainty' 'Whether By-Law 11.4 is harsh, unconscionable, or oppressive' 'Whether to order compliance with By-Law 11.4' 'Whether discretionary reasons should preclude enforcement' 'Whether Lot Owners have breached By-Law 11.4']

Ratio Decidendi

By-Law 11.4 is valid and operative, not void for uncertainty, and is not harsh, unconscionable, or oppressive. The Lot Owners breached the by-law by parking a boat and trailer visible from a public space without written approval. No credible discretionary or equitable reason exists to decline enforcement of the by-law. The Parking Easement also supports enforcement.

Court Disposition

Community Association's application granted; Lot Owners' application dismissed.

Orders

  • ['Igor Kazagrandi and Inna Kazagrandi must comply with By-Law 11.4 and remove immediately the boat trailer registered in the name of Igor Kazagrandi.' 'Igor Kazagrandi and Inna Kazagrandi must not park a boat trailer in contravention of By-Law 11.4.' 'The proceeding CL 23/37840 is dismissed.' 'Leave to file written...