Hogan v Stebnicki [2022] NSWCATCD 63

Hogan v Stebnicki [2022] NSWCATCD 63

No enforceable mediation agreement required Lot 3 Lot Owners to install carpet. The acoustic testing demonstrated compliance with minimum standards in By-Law 14, BCA, and DCP 2013. Noise transmission does not constitute nuisance or breach of By-Laws on an objective basis. The application was dismissed as applicants failed to prove a breach or entitlement to the order sought.

Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Strata Dispute – Application for Orders Under S 230(1) Strata Schemes Management Act 2015 (nsw) / Principal Judgment – Final Order
Outcome
Application dismissed
Legal Topics
['strata by Laws' 'noise' 'floor Coverings' 'peaceful Enjoyment' 'objective Test']
['land Law' 'strata Title Law'] ['strata by Laws' 'noise' 'floor Coverings' 'peaceful Enjoyment' 'objective Test']

Case Brief

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Procedural Posture

Strata Dispute – Application for Orders Under S 230(1) Strata Schemes Management Act 2015 (nsw) / Principal Judgment – Final Order

Legal Issues

  1. 1 ['Whether the Lot 3 Lot Owners failed to comply with mediation agreements regarding installation of carpet and underlay' 'Whether noise transmission from Lot 3 to Lot 2 constitutes a breach of By-Laws 1 and 14' 'Whether the Lot 2 Lot Owners are entitled to an order requiring carpet installation with a 5 Star acoustic rating']

Ratio Decidendi

No enforceable mediation agreement required Lot 3 Lot Owners to install carpet. The acoustic testing demonstrated compliance with minimum standards in By-Law 14, BCA, and DCP 2013. Noise transmission does not constitute nuisance or breach of By-Laws on an objective basis. The application was dismissed as applicants failed to prove a breach or entitlement to the order sought.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']