Ozslam Pty Ltd v The Owners Strata Plan No. 1436 [2018] NSWCATCD 48

Ozslam Pty Ltd v The Owners Strata Plan No. 1436 [2018] NSWCATCD 48

The Owners Corporation must mark and arrange the exclusive use parking areas in accordance with Special By-Law 30, ensuring correct position and boundaries, and make necessary works for suitability for parking, but the applicant is not entitled to damages or compliance notices nor costs due to lack of causal link and special circumstances.

Parties
Applicant: Ozslam Pty Ltd; Respondent: The Owners Strata Plan No. 1436
Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Application / Final Determination
Outcome
Application partly granted
Legal Topics
Exclusive Use by Law, Use of Common Property, Parking Rights, By Law Compliance
Strata Law Property Law Exclusive Use by Law Use of Common Property Parking Rights By Law Compliance

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Parties

Ozslam Pty Ltd

Applicant

The Owners Strata Plan No. 1436

Respondent

Procedural Posture

Application / Final Determination

Legal Issues

  1. 1 Whether the Owners Corporation must line mark and properly identify exclusive use parking areas as per Special By-Law 30
  2. 2 Whether the applicant is entitled to damages for vehicle damage allegedly due to improper parking by owners of lots 1 and 3
  3. 3 Whether the Owners Corporation should issue compliance notices for by-law breaches

Ratio Decidendi

The Owners Corporation must mark and arrange the exclusive use parking areas in accordance with Special By-Law 30, ensuring correct position and boundaries, and make necessary works for suitability for parking, but the applicant is not entitled to damages or compliance notices nor costs due to lack of causal link and special circumstances.

Court Disposition

Application partly granted

Orders

  • Within 28 days after the date of this order, the Respondent, at its cost, is to line mark the exclusive use parking areas of common property marked 'A' and 'B' in accordance with the plan annexed to Special By-Law 30, with correct position and boundaries, and do whatever other works are required to ensure the areas...