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ARTICLE · 16 DECEMBER 2021

Landmark judgment over right to keep pets in apartments in NSW

The ruling means no residential building in NSW will be able to enforce a blanket ban on pets in apartments.

AustraliaReal Estate and Construction

A court battle over whether a miniature schnauzer called Angus can live in a Sydney unit with his owner has set a legal precedent for residents who wish to live with their pets in apartments.

For five years, Jo Cooper tried to convince the owners corporation of the luxury Horizon high rise building to allow her to keep her beloved deaf and partially blind 14-year-old dog in her apartment, despite a bylaw banning all pets in the tower.

The decision in the NSW Court of Appeal overturned earlier legal rulings banning the pet dog and will now allow Angus to live out his sunset days in his owner's apartment.

Court rules Horizon's blanket ban on pets in apartments is oppressive

The ruling by the three judges in the NSW Court of Appeal could have far-reaching consequences for people who wish to keep pets in apartments. (See Cooper v The Owners - Strata Plan No 58068 [2020] NSWCA 250.)

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