#21084
andyj
Flatchatter
Chat-starter

    Hi Jimmy,

     

    Thanks for your prompt reply.. and your ongoing expert advice Laugh

    The Orders from the tribunal member were:

    “By consent the respondent agrees to comply with the orders of the adjudicator”

    It is noted that by consent that the respondent has agreed to remove all floorboards but for the kitchen area”

    The orders of the adjudicator are: “The respondents shall comply with by-law 14 and specifically shall ensure the floor space within lot 8 is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of lot 8 noise likely to disturb the peaceful enjoyment of the owner of lot 6”

    These orders do not apply to floor space in lot 8 comprising a kitchen, laundry, lavatory or bathroom”

     

    My arguments that the kitchen area is mixed use is based on the ruling of Member A Borsody in Kelly v Lane NSWCTTT 438 7 August 2006 last 3 paragraphs url: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCTTT/2006/438.html?stem=0&synonyms=0&query=kelly%20v%20lane

    The remaining timber flooring in the overhead unit has a dining area as well as a kitchenette.

    cheers

    andyj