McGhee v The Owners – Strata Plan No.1687 [2019] NSWCATCD 60

McGhee v The Owners – Strata Plan No.1687 [2019] NSWCATCD 60

The applicant's failure to address the issue of compensation for the benefit to be received by acquiring exclusive use of a car parking space means that it cannot be found that the Owners Corporation unreasonably refused to make the by-law; accordingly, the application must be dismissed.

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Application Under Strata Schemes Management Act 2015 S 149 / Hearing and Final Determination
Outcome
Application dismissed
Legal Topics
['exclusive Use of Common Property' 'refusal of by Law' 'car Parking Allocation' 'unreasonableness of Owners Corporation']
['strata Law' 'property Law'] ['exclusive Use of Common Property' 'refusal of by Law' 'car Parking Allocation' 'unreasonableness of Owners Corporation']

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Procedural Posture

Application Under Strata Schemes Management Act 2015 S 149 / Hearing and Final Determination

Legal Issues

  1. 1 ['Whether Owners Corporation unreasonably refused to make a common property rights by-law granting exclusive use car parking to Lot 27' 'Whether the refusal was unreasonable under s 149 of the Strata Schemes Management Act 2015' 'Whether compensation for grant of exclusive use was necessary']

Ratio Decidendi

The applicant's failure to address the issue of compensation for the benefit to be received by acquiring exclusive use of a car parking space means that it cannot be found that the Owners Corporation unreasonably refused to make the by-law; accordingly, the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']