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[2020] NSWSC 784
Supreme Court of NSW
2020-02-21
Simpson AJ
Original judgment source is linked above.
Solicitors: Sachs Gerace Lawyers (Plaintiff) J S Mueller & Co (Defendant) File Number(s): 2019/320698 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal, Appeal Panel Citation: [2019] NSW CATAP 227 Date of Decision: 16 September 2019 Before: S Westgarth M Anderson File Number(s): AP 19/21640
Judgment
Background
The proceedings in the Tribunal
The Reasons of the Tribunal
Question 1: the construction of By-Law 28
Question 2: discretionary considerations
Questions 3 and 4: orders consequential upon the Tribunal's conclusions
Rectification/Remediation
Compensation
The appeal to the Appeal Panel
The construction of By-Law 28: grounds 1, 2, 3 and 12:
Compensation: ground 13
The order that the plaintiffs seal the hole (order 3(iv): (grounds 7, 8, 9, 10 and 11)
The appeal to this Court
The plaintiffs' argument
Ground 1: the construction of By-Law 28(3)
Grounds 2 and 3: order 3(iv)
Ground 4: compensation
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 24 June 2020
Pollak
The Owners - Strata Plan No 2834
(1998) 194 CLR 355
(2007) 70 NSWLR 344