Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152

Norman v The Owners Strata Plan No 60182 [2022] NSWCATCD 152

Special by-law 3 applied to all lot owners, benefited all lot owners, required objective acoustic standards and compliance documents for flooring works, and was not harsh, unconscionable or oppressive. No section 232 order was necessary because before the application was filed the owners corporation had accepted that Mr Norman's flooring complied. There were no special circumstances justifying a costs order: both sides used lawyers, the owners corporation had to consider another owner's complaint, Mr Norman had not initially provided the required engineer's report, he continued to pursue settlement or mediation after compliance was accepted, and he was unsuccessful on his claims. Without...

Jurisdiction
Australia
Judgment Date
06 September 2022
Procedural Posture
Application for Orders Concerning Strata by Law Validity, Strata Scheme Dispute Resolution, Legal Costs Contributions, and Removal From Strata Committee or Office Under the Strata Schemes Management Act 2015 / Principal Judgment After Contested Hearing
Outcome
The application was dismissed.
Legal Topics
['strata by Laws' 'validity of by Law' 'flooring Works Acoustic Compliance' 'costs in NCAT Proceedings' 'strata Committee Removal']
['land Law' 'strata Title'] ['strata by Laws' 'validity of by Law' 'flooring Works Acoustic Compliance' 'costs in NCAT Proceedings' 'strata Committee Removal']

Case Brief

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Procedural Posture

Application for Orders Concerning Strata by Law Validity, Strata Scheme Dispute Resolution, Legal Costs Contributions, and Removal From Strata Committee or Office Under the Strata Schemes Management Act 2015 / Principal Judgment After Contested Hearing

Legal Issues

  1. 1 ['Whether special by-law 3 should be invalidated as harsh, unconscionable or oppressive under section 150 of the Strata Schemes Management Act 2015.' "Whether the dispute over the applicant's flooring works compliance should be resolved by an order under section 232 of the Strata Schemes Management Act 2015." "Whether the owners corporation caused the applicant to unreasonably incur legal costs by pressing breach allegations and refusing mediation after receiving the applicant's expert report." 'Whether the Tribunal should make a costs order and an order under section 90 of the Strata Schemes Management Act 2015 that the costs be paid from specified contributions.' 'Whether a person should be removed from the strata committee or office under section 238 of the Strata Schemes Management Act 2015.']

Ratio Decidendi

Special by-law 3 applied to all lot owners, benefited all lot owners, required objective acoustic standards and compliance documents for flooring works, and was not harsh, unconscionable or oppressive. No section 232 order was necessary because before the application was filed the owners corporation had accepted that Mr Norman's flooring complied. There were no special circumstances justifying a costs order: both sides used lawyers, the owners corporation had to consider another owner's complaint, Mr Norman had not initially provided the required engineer's report, he continued to pursue settlement or mediation after compliance was accepted, and he was unsuccessful on his claims. Without...

Court Disposition

The application was dismissed.

Orders

  • ['The application is dismissed.']