Roden v The Owners – Strata Plan No. 55773 [2021] NSWCATCD 61
The Tribunal held that the impugned provisions of By-Law 14 were not beyond the power of the strata scheme, nor were they harsh, unconscionable or oppressive under section 139 of the Strata Schemes Management Act 2015 (NSW); the application was dismissed because the applicant did not discharge the onus of proof required to invalidate the provisions.
- Jurisdiction
- Australia
- Judgment Date
- 30 August 2021
- Procedural Posture
- Application Under S 150 Strata Schemes Management Act 2015 (nsw) / Final Decision at First Instance
- Outcome
- Application dismissed
- Legal Topics
- ['validity of Strata by Laws' 'challenge to by Law—keeping of Animals' 'whether by Law Is Beyond Power' 'harsh, Unconscionable or Oppressive by Laws']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application Under S 150 Strata Schemes Management Act 2015 (nsw) / Final Decision at First Instance
Legal Issues
- 1 ['Whether parts of By-Law 14 are invalid as beyond power under the Strata Schemes Management Act 2015 (NSW)' 'Whether parts of By-Law 14 are harsh, unconscionable or oppressive pursuant to s 139 of the Strata Schemes Management Act 2015 (NSW)']
Ratio Decidendi
The Tribunal held that the impugned provisions of By-Law 14 were not beyond the power of the strata scheme, nor were they harsh, unconscionable or oppressive under section 139 of the Strata Schemes Management Act 2015 (NSW); the application was dismissed because the applicant did not discharge the onus of proof required to invalidate the provisions.
Court Disposition
Application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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