White v Betalli & 1 Or [2006] NSWSC 537

White v Betalli & 1 Or [2006] NSWSC 537

By-law 20 is valid and enforceable as it is within the scope of the Strata Schemes Management Act 1996 (NSW), appropriately regulates rights between lot owners, is reflected in the registered strata plan, and is not inconsistent with the Real Property Act 1900 (NSW); plaintiff breached the by-law by making...

Source-derived case information.

Parties
Plaintiff: Lynda Margaret White; Defendant: Christopher Nadir Betalli; Defendant: Christopher Nadir Betalli & Anor; Cross Defendant: Lynda Margaret White; Cross Claimant: Christopher Nadir Betalli & Anor
Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Civil / Final Judgment
Outcome
plaintiff's claim dismissed, cross-claim allowed
Legal Topics
Strata Titles, By Laws, Easements, Property Rights, Estoppel
Real Property Equity Strata Titles By Laws Easements Property Rights Estoppel

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Parties

Lynda Margaret White

Plaintiff

Christopher Nadir Betalli

Defendant

Christopher Nadir Betalli & Anor

Defendant

Lynda Margaret White

Cross Defendant

Christopher Nadir Betalli & Anor

Cross Claimant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Validity of by-law 20 under the Strata Schemes Management Act 1996 (NSW)
  2. 2 Whether a strata by-law can give rights over part of another lot
  3. 3 Consistency of by-law with s 42 of Real Property Act 1900 (NSW)

Ratio Decidendi

By-law 20 is valid and enforceable as it is within the scope of the Strata Schemes Management Act 1996 (NSW), appropriately regulates rights between lot owners, is reflected in the registered strata plan, and is not inconsistent with the Real Property Act 1900 (NSW); plaintiff breached the by-law by making construction works that interfered with the defendant's right.

Court Disposition

plaintiff's claim dismissed, cross-claim allowed

Orders

  • Order that the summons be dismissed
  • Declare that by-law 20 of strata plan no. 67662 is valid and enforceable