Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61

Roden v The Owners-Strata Plan No 55773 [2019] NSWCATCD 61

By-law 14 was invalid because its blanket ban on keeping animals provided no mechanism by which a lot owner could keep an animal as a pet under reasonable conditions, did not reflect a balanced consideration of all lot owners or occupiers, operated only in the interests of lot owners opposed to pet ownership, and was contrary to owners' basic habitation rights and use and enjoyment of their lots in light of the reforms under the SSM Act and SSM Regulation. The interim order application was dismissed because it was made by the applicant on behalf of a third party, the owner of lot 1402 should have filed her own interim and substantive application, and the owners corporation had not been...

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Application Under S 150 of the Strata Schemes Management Act 2015 to Declare a Strata by Law Invalid, and Application for an Interim Order Under S 231 / Principal Judgment After Hearing on 20 May 2019; Parties Agreed the Matter Should Be Determined on the Papers
Outcome
By-law 14 of Strata Plan 55773 was declared invalid; the application for an interim order on behalf of a third party was dismissed.
Legal Topics
['validity of Strata by Laws' 'blanket Prohibition on Keeping Animals' 'harsh, Unconscionable or Oppressive by Laws' 'keeping of Animals in Strata Schemes' 'interim Orders']
['strata Schemes' 'consumer and Commercial' 'administrative Law'] ['validity of Strata by Laws' 'blanket Prohibition on Keeping Animals' 'harsh, Unconscionable or Oppressive by Laws' 'keeping of Animals in Strata Schemes' 'interim Orders']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 150 of the Strata Schemes Management Act 2015 to Declare a Strata by Law Invalid, and Application for an Interim Order Under S 231 / Principal Judgment After Hearing on 20 May 2019; Parties Agreed the Matter Should Be Determined on the Papers

Legal Issues

  1. 1 ['Whether by-law 14 of Strata Plan 55773, which imposed a blanket prohibition on keeping animals subject to limited exceptions, was harsh, unconscionable or oppressive under the Strata Schemes Management Act 2015.' 'Whether the Tribunal should make an interim order under s 231 of the Strata Schemes Management Act 2015 permitting the owner of unit 1402 to keep the dog Brinsley.']

Ratio Decidendi

By-law 14 was invalid because its blanket ban on keeping animals provided no mechanism by which a lot owner could keep an animal as a pet under reasonable conditions, did not reflect a balanced consideration of all lot owners or occupiers, operated only in the interests of lot owners opposed to pet ownership, and was contrary to owners' basic habitation rights and use and enjoyment of their lots in light of the reforms under the SSM Act and SSM Regulation. The interim order application was dismissed because it was made by the applicant on behalf of a third party, the owner of lot 1402 should have filed her own interim and substantive application, and the owners corporation had not been...

Court Disposition

By-law 14 of Strata Plan 55773 was declared invalid; the application for an interim order on behalf of a third party was dismissed.

Orders

  • ['Pursuant to s 150(1) of the SSM Act an order is made declaring by-law 14 of Strata Plan 55773 passed at an EGM in 2013 invalid because it is harsh, unconscionable and oppressive in breach of section 139(1).' "The applicant's application to make an interim order pursuant to s 231 of the SSM Act on behalf of a 3d...