The Strata Scheme at 45 Macleay Street, Potts Point was an old strata. It was strata titled before 1 July 1974, and therefore it was possible to have and did have, a separate title for each car parking space.
Parking being scarce in Potts Point, the owner of a home unit up the street bought the car parking space. Trouble began soon afterwards. The Owners Corporation put up a chain barrier to separate the car space from unused land which was common property. The chain needed to be removed every time to enable a car to cross into that land to be parked in what was a 'tight' parking space. Worse was to follow: the OC planned to build a car parking area or a garden area on the unused land, with a fixed barrier close to the parking space which would make parking almost impossible.
So the owner took the Owners Corporation to the Supreme Court, asking for a declaration that it not unlawfully interfere with his right to access the parking space. The Court made an order that the owner could go over by 800mm into the unused land when parking their car, unimpeded by a chain or a barrier.
But in an interesting twist, the owner was ordered to pay the legal costs of the OC (in addition to his own) even though he won, because the Strata Law says that if a strata dispute can be heard in NCAT, then it should be heard in NCAT.
Here's a link to my full case note -