Chen v Owners Strata Plan No. 55792 [2019] NSWCATAP 135

Chen v Owners Strata Plan No. 55792 [2019] NSWCATAP 135

The Tribunal erred in law by extending the relief regarding security keys beyond what the evidence supported, as the reasons only dealt with garage remotes. Appellant is entitled to six security access keys according to the number of bedrooms, under the applicable by-law.

Parties
Appellant: Yan Ping Chen; Respondent: Owners Strata Plan No. 55792
Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Internal Appeal / Appeal Panel Decision
Outcome
appeal allowed (in part) for error of law; leave to appeal otherwise refused
Legal Topics
By Laws, Security Keys, Maintenance and Repairs, Interpretation, Costs
Strata Law By Laws Security Keys Maintenance and Repairs Interpretation Costs

Case Brief

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Parties

Yan Ping Chen

Appellant

Owners Strata Plan No. 55792

Respondent

Procedural Posture

Internal Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in law in ordering all forms of security keys to be replaced when only garage remotes were in issue
  2. 2 Entitlement to security passes and interpretation of relevant by-laws
  3. 3 Whether additional relief sought by appellant should have been granted

Ratio Decidendi

The Tribunal erred in law by extending the relief regarding security keys beyond what the evidence supported, as the reasons only dealt with garage remotes. Appellant is entitled to six security access keys according to the number of bedrooms, under the applicable by-law.

Court Disposition

appeal allowed (in part) for error of law; leave to appeal otherwise refused

Orders

  • Leave to Appeal is refused to the extent that leave is required.
  • Appeal is allowed for an error of law.