Vojkovic v Savva [2023] NSWCATCD 141

Vojkovic v Savva [2023] NSWCATCD 141

The Tribunal accepted that the applicant was an interested person and that the respondents' dog could be heard barking in the recordings, but the evidence did not establish barking of such frequency or duration as to amount objectively to nuisance or unreasonable interference; the applicant had evidence of disturbance on only five occasions over seven months and gave no sufficiently particular evidence such as a diary. The Tribunal was also not satisfied that Mr Savva had failed to exercise due care and skill, engaged in serious and wilful misconduct, or committed breaches of sufficient magnitude to justify removal under s 238; the CCTV installation was later formalised, the CCTV viewing...

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Application in the Consumer and Commercial Division Concerning Strata Scheme Orders Under the Strata Schemes Management Act 2015 (nsw) / Principal Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['keeping of Pets in Strata Schemes' 'nuisance' 'unreasonable Interference With Enjoyment of a Lot' 'removal From Strata Committee' 'strata Committee Conduct']
['land Law' 'strata Title'] ['keeping of Pets in Strata Schemes' 'nuisance' 'unreasonable Interference With Enjoyment of a Lot' 'removal From Strata Committee' 'strata Committee Conduct']

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Procedural Posture

Application in the Consumer and Commercial Division Concerning Strata Scheme Orders Under the Strata Schemes Management Act 2015 (nsw) / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether barking by the respondents' dog caused a nuisance or unreasonably interfered with the applicant's use or enjoyment of Lot 2 so as to justify an order under s 158 of the Strata Schemes Management Act 2015 (NSW)." 'Whether Mr Savva should be removed from the strata committee under s 238 of the Strata Schemes Management Act 2015 (NSW).' 'Whether the applicant was an interested person entitled to bring applications under ss 158 and 238 of the Strata Schemes Management Act 2015 (NSW).']

Ratio Decidendi

The Tribunal accepted that the applicant was an interested person and that the respondents' dog could be heard barking in the recordings, but the evidence did not establish barking of such frequency or duration as to amount objectively to nuisance or unreasonable interference; the applicant had evidence of disturbance on only five occasions over seven months and gave no sufficiently particular evidence such as a diary. The Tribunal was also not satisfied that Mr Savva had failed to exercise due care and skill, engaged in serious and wilful misconduct, or committed breaches of sufficient magnitude to justify removal under s 238; the CCTV installation was later formalised, the CCTV viewing...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']