24-32 Lexington Drive

LAND LAW — Strata title — By-laws - Appeal from order of Tribunal dismissing an application that a by-law be declared invalid by reason of being harsh, unconscionable or oppressive — No question of principle

STRATA LAW – validity of by-law – s 139(1) Strata Schemes Management Act 2015 (SSMA), by-law must not be harsh, unconscionable or oppressive – operation of s 136(2) of the SSMA and relationship with ss 139(1) and 150 (power of Tribunal to declare by-law invalid) – by-law permitting carrying out of works determined by owners corporation in their “reasonable opinion”, entry into the lot owner’s property to carry out such works, obligation to indemnify for costs and deprivation of voting rights if amounts demanded are not paid.

Strata Schemes Management Act – validity of by-law – harsh, unconscionable or oppressive – inconsistent with legislation – without power – severability

COSTS – Civil and Administrative Tribunal Act 2013 (NSW) s 60(3)(c) and (e) - special circumstances – relative strengths of claims made by the parties – appeal lacking in substance

COSTS – application of r 38 of the Civil and Administrative Tribunal Rules 2014 – s 60 of the Civil and Administrative Tribunal Act 2013 – need to establish special circumstances – proceedings not out of the ordinary

APPEAL – costs of application for a stay – need to demonstrate special circumstances warranting an order