Hunt v Owners of Strata Plan No 1158/84199

COURT OR TRIBUNAL

New South Wales Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

05/09/2023

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Other

REVIEW TYPE

Judicial review

SUMMARY

“This appeal concerns two applications by the appellants (collectively the Hunts), for orders under ss 126 and/or 127 of the Strata Schemes Management Act 2015 (NSW) (SSMA). These applications were subsequently amended to seek orders under s 126 and orders under s 232(1)(a) and (b) of the SSMA. In the first application, 2022/00426498 (formerly SC 22/29381), Noela Hunt was the applicant, being the owner of Lot 25 (Unit 13) in Strata Plan No. 1158/84199 (strata scheme). In the second application, 2022/00419665 (formerly SC 22/28994) Brian and Cheryl Hunt where the applicants, being the owners of Lot 26 (Unit 14) in the strata scheme. In both applications, the respondent was the owners corporation. In each application, the applicants sought orders that they be permitted to install a reverse cycle air-conditioning unit to each of the balconies of their respective lots.” They argued that the Tribunal had not considered the factual matter of climate change and the need for air-conditioning [76].

CASE DOCUMENTS

Hunt v Owners of Strata Plan No 1158/84199 [2024] NSWCATAP 65