Zhang v Glykis [2020] NSWCATCD 17
The application was dismissed because objective evidence, including expert reports, demonstrated that the respondent’s flooring complied with both Building Code of Australia and relevant strata by-laws, and complaints were insufficient to establish a breach or nuisance under an objective test.
- Parties
- Applicant: Frances Zhang; First Respondent: Peter Glykis; Second Respondent: The Owners – Strata Plan No. 17572
- Jurisdiction
- Australia
- Judgment Date
- 29 January 2020
- Procedural Posture
- Civil Application / Final Hearing and Determination
- Outcome
- Application dismissed
- Legal Topics
- Strata Scheme, Noise Transmission, Compliance With by Laws, Objective Tests, Floor Coverings
Case Brief
Summary, issues, holding and outcome
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Parties
Frances Zhang
Applicant
Peter Glykis
First Respondent
The Owners – Strata Plan No. 17572
Second Respondent
Procedural Posture
Civil Application / Final Hearing and Determination
Legal Issues
- 1 Whether the respondent breached By-law 11 regarding sufficient floor coverings to prevent noise transmission
- 2 Whether objective tests demonstrate a breach of strata by-laws related to noise
- 3 Whether behaviour of tenants and noise complaints amount to nuisance under relevant legislation
Ratio Decidendi
The application was dismissed because objective evidence, including expert reports, demonstrated that the respondent’s flooring complied with both Building Code of Australia and relevant strata by-laws, and complaints were insufficient to establish a breach or nuisance under an objective test.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
- Each party is to bear their own costs.
Full Case Text
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