Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD 18

Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD 18

The Applicant installed security cameras on common property and placed pot plants on common property without first obtaining the Owners Corporation's written approval or a special by-law. The proposed by-laws permitting retention of the cameras and pot plants were defeated at the EGM, and the Applicant had no order of the Tribunal excusing the need for consent. The cameras appeared to breach by-law 5 and s. 8(1) of the Surveillance Devices Act 2007 (NSW), and the pot plant issue had previously been resolved against the Applicant. Accordingly, the Applicant had to comply with the existing by-laws and the application was dismissed.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Strata Schemes Application Seeking Relief Under Ss 24, 126, 131 and 232 of the Strata Schemes Management Act 2015 / Final Hearing After Interim Orders
Outcome
Application dismissed.
Legal Topics
['installation of Security Cameras on Common Property' 'pot Plants on Common Property' 'owners Corporation Consent' 'by Law Compliance' 'special by Law Approval' 'privacy and Optical Surveillance Devices']
['strata Schemes' 'property Law' 'surveillance Devices' 'consumer and Commercial Tribunal Procedure'] ['installation of Security Cameras on Common Property' 'pot Plants on Common Property' 'owners Corporation Consent' 'by Law Compliance' 'special by Law Approval' 'privacy and Optical Surveillance Devices']

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Procedural Posture

Strata Schemes Application Seeking Relief Under Ss 24, 126, 131 and 232 of the Strata Schemes Management Act 2015 / Final Hearing After Interim Orders

Legal Issues

  1. 1 ['Whether the Applicant was entitled to Tribunal relief in respect of notices and directions requiring removal of two security cameras affixed to common property and pot plants placed on common property.' 'Whether the Applicant breached SP 53284 by-laws by attaching security cameras to common property walls without written approval and placing pot plants on common property.' "Whether the Owners Corporation's refusal to approve proposed by-laws permitting retention of the cameras and pot plants justified Tribunal intervention." 'Whether the installed security cameras appeared to breach s. 8(1) of the Surveillance Devices Act 2007 (NSW).']

Ratio Decidendi

The Applicant installed security cameras on common property and placed pot plants on common property without first obtaining the Owners Corporation's written approval or a special by-law. The proposed by-laws permitting retention of the cameras and pot plants were defeated at the EGM, and the Applicant had no order of the Tribunal excusing the need for consent. The cameras appeared to breach by-law 5 and s. 8(1) of the Surveillance Devices Act 2007 (NSW), and the pot plant issue had previously been resolved against the Applicant. Accordingly, the Applicant had to comply with the existing by-laws and the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' 'The interim orders made by the Deputy President on 16 October 2018 should be vacated to the extent that they need to be.']