Owners Corporation Strata Plan 300 v John Noel Reen & anor [2004] NSWSC 1006

Owners Corporation Strata Plan 300 v John Noel Reen & anor [2004] NSWSC 1006

The issues before the Tribunal were factual, not legal. The Tribunal was entitled to accept the notification of by-law 28 over the minutes as evidence of the resolution's content, and no error of law has been demonstrated. The appeal, limited to questions of law, must therefore be dismissed.

Parties
Plaintiff: Owners Corporation Strata Plan 300; First Defendant: John Noel Reen; Second Defendant: Barbara Patricia Reen
Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Appeal / Decision on Appeal From Tribunal to Supreme Court
Outcome
appeal dismissed
Legal Topics
By Laws Validity, Exclusive Use of Common Property, Appeals on Questions of Law
Strata Law Property Law By Laws Validity Exclusive Use of Common Property Appeals on Questions of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Owners Corporation Strata Plan 300

Plaintiff

John Noel Reen

First Defendant

Barbara Patricia Reen

Second Defendant

Procedural Posture

Appeal / Decision on Appeal From Tribunal to Supreme Court

Legal Issues

  1. 1 Whether By-law 28 is a valid and subsisting by-law of Owners Corporation Strata Plan 300
  2. 2 Whether the Tribunal erred in law in finding that By-law 28 was valid
  3. 3 Whether the minutes or the notification should determine the content of the by-law

Ratio Decidendi

The issues before the Tribunal were factual, not legal. The Tribunal was entitled to accept the notification of by-law 28 over the minutes as evidence of the resolution's content, and no error of law has been demonstrated. The appeal, limited to questions of law, must therefore be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs at this stage pending written submissions.