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The Owners – Strata Plan No 47561 v Nowland [2014] NSWSC 483

An owners corporation sought orders compelling a lot owner to remove unauthorised structures from the common property rooftop area. By an amended summons the owners corporation sought access to an exclusive use area attached to the lot so it could carry out work it contended was the subject of a council order made pursuant to the Environmental Planning and Assessment Act 1979 (NSW) requiring the demolition of unauthorised work done since development approval was obtained by a previous lot owner.

The Supreme Court of NSW held there is no authority for the proposition that the Court had inherent jurisdiction to order access to an exclusive use area to enable an owners corporation to comply with the council order.