Andelman v Small [2020] NSWCATAP 32

Andelman v Small [2020] NSWCATAP 32

Evidence presented, including testimony from the respondent, her tenant, and the acoustic expert, established that noise transmitted from the appellant's lot was likely to disturb the peaceful enjoyment of the respondent's lot, satisfying the by-law 14 test and justifying the order for compliance.

Jurisdiction
Australia
Judgment Date
05 March 2020
Procedural Posture
Civil Appeal / Decision
Outcome
appeal dismissed
Legal Topics
['strata Title' 'obligations of Owners and Occupiers' 'by Laws' 'transmission of Noise']
['land Law'] ['strata Title' 'obligations of Owners and Occupiers' 'by Laws' 'transmission of Noise']

Case Brief

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Procedural Posture

Civil Appeal / Decision

Legal Issues

  1. 1 ['Whether the appellant is in breach of by-law 14 regarding noise transmission' 'Whether evidence admitted and inferences drawn by the Tribunal were erroneous' 'Whether the Tribunal applied the correct evidentiary and objective test for by-law breach']

Ratio Decidendi

Evidence presented, including testimony from the respondent, her tenant, and the acoustic expert, established that noise transmitted from the appellant's lot was likely to disturb the peaceful enjoyment of the respondent's lot, satisfying the by-law 14 test and justifying the order for compliance.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.']