Butt v The Owners - Strata Plan No 71715 [2023] NSWCATCD 138

Butt v The Owners - Strata Plan No 71715 [2023] NSWCATCD 138

The Tribunal dismissed the application because the orders sought were misconceived, outside the Tribunal’s powers under s 232 of the Strata Schemes Management Act 2015 (NSW), or incapable of implementation, particularly where the subject matter (transformer room) was not common property. Further, the relief sought was largely pre-emptive rather than a resolution of a present dispute within the Tribunal’s statutory remit. The use of applicant’s vibrating bed and chair did not justify the orders and, in the absence of a demonstrated nuisance or breach, no further Tribunal intervention was warranted.

Parties
Applicant: Paul Thomas Butt; First Respondent: The Owners - Strata Plan No 71715; Second Respondent: John O'Donnell
Jurisdiction
Australia
Judgment Date
25 October 2023
Procedural Posture
Application / Final Decision
Outcome
application dismissed
Legal Topics
Strata Scheme Disputes, Noise Nuisance, Management of Strata Property, Tribunal Jurisdiction
Strata Law Administrative Law Strata Scheme Disputes Noise Nuisance Management of Strata Property Tribunal Jurisdiction

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Parties

Paul Thomas Butt

Applicant

The Owners - Strata Plan No 71715

First Respondent

John O'Donnell

Second Respondent

Procedural Posture

Application / Final Decision

Legal Issues

  1. 1 Whether the Tribunal has power under s 232 of the Strata Schemes Management Act 2015 (NSW) to make the orders sought by the applicant
  2. 2 Whether the Owners Corporation failed to fulfil its management obligations under the SSMA in relation to noise complaints
  3. 3 Whether the applicant's use of vibrating bed and chair constituted a nuisance or breach of strata by-laws

Ratio Decidendi

The Tribunal dismissed the application because the orders sought were misconceived, outside the Tribunal’s powers under s 232 of the Strata Schemes Management Act 2015 (NSW), or incapable of implementation, particularly where the subject matter (transformer room) was not common property. Further, the relief sought was largely pre-emptive rather than a resolution of a present dispute within the Tribunal’s statutory remit. The use of applicant’s vibrating bed and chair did not justify the orders and, in the absence of a demonstrated nuisance or breach, no further Tribunal intervention was warranted.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Costs are reserved.