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12/01/2017 at 2:52 pm
#26191
Not so factually different to be rejected as a grounds for an appeal against an OC Notice to Comply. Both Orders revealed that Body Corporate knowledge of the breach and their subsequent delays in implementing Breach Notices were grounds for Acquiescence.
Granted it is yet to be tested in a NSW Tribunal perhaps but a lesson for OCs that By-laws should be enforced in a timely manner. I wouldn’t want to take the risk of this principle not being applied in the future in NSW.
It may not be the sole factor that a Tribunal may consider when making an Order but it may be part of it.