Smith v The Owners – Strata Plan No. 43094 [2024] NSWCATAP 186

Smith v The Owners – Strata Plan No. 43094 [2024] NSWCATAP 186

No question of law arises on the grounds presented. The appellants failed to demonstrate authorisation by special resolution for the works. The Tribunal's findings were not against the weight of evidence and the process was fair. The requirements for leave to appeal were not satisfied. New evidence was not...

Source-derived case information.

Parties
Appellant: Alison Loise Smith; Appellant: Grant Darren Smith; Respondent: The Owners – Strata Plan No. 43094
Jurisdiction
Australia
Judgment Date
30 September 2024
Procedural Posture
Internal Appeal / Determination of Application for Leave to Appeal and Appeal Hearing
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Strata Title, Unauthorised Works, Common Property, Internal Appeals, Leave to Appeal
Land Law Strata Title Unauthorised Works Common Property Internal Appeals Leave to Appeal

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Parties

Alison Loise Smith

Appellant

Grant Darren Smith

Appellant

The Owners – Strata Plan No. 43094

Respondent

Procedural Posture

Internal Appeal / Determination of Application for Leave to Appeal and Appeal Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in law in making orders requiring removal of unauthorised works and restoration of common property
  2. 2 Whether the Smiths had obtained proper authorisation for works under the Strata Scheme Management Act 2015
  3. 3 Whether there was a substantial miscarriage of justice, decision not fair and equitable, or against the weight of evidence

Ratio Decidendi

No question of law arises on the grounds presented. The appellants failed to demonstrate authorisation by special resolution for the works. The Tribunal's findings were not against the weight of evidence and the process was fair. The requirements for leave to appeal were not satisfied. New evidence was not reasonably unavailable and/or irrelevant. Leave to appeal is refused and appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.