Jobson v The Owners – Strata Plan No. 66870 [2015] NSWSC 776

Jobson v The Owners – Strata Plan No. 66870 [2015] NSWSC 776

Certain amounts were impermissibly charged by the Owners Corporation to sub-lessees as Outgoings under the marina sub-leases, but other claims by the plaintiffs were not made out: (1) The phrase 'in connection with' in the definition of Outgoings is of broad, but not unlimited, scope, requiring a material association with the marina; (2) Clauses in sub-leases regarding exclusive parking rights are inconsistent with development consent and, by virtue of the Pittwater Local Environmental Plan, are unenforceable to the extent of the inconsistency; (3) While some breaches of the headlease in respect of additional berths were established, they did not amount to a breach of the sub-leases as...

Jurisdiction
Australia
Judgment Date
18 June 2015
Procedural Posture
Equity Proceeding / Judgment After Trial
Outcome
Claims partly successful; orders to be made following further submissions on precise adjustments for impermissible charges.
Legal Topics
['crown Land Sub Leases' 'marina Management' 'outgoings Under Sub Leases' 'local Environmental Plans and Development Consents' 'strata Schemes and Management' 'carparking Obligations Under Development Consents']
['real Property' 'environmental Planning Law'] ['crown Land Sub Leases' 'marina Management' 'outgoings Under Sub Leases' 'local Environmental Plans and Development Consents' 'strata Schemes and Management' 'carparking Obligations Under Development Consents']

Case Brief

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Procedural Posture

Equity Proceeding / Judgment After Trial

Legal Issues

  1. 1 ['Whether certain items were impermissibly charged as Outgoings under marina sub-leases' 'Whether carparking provisions in sub-leases are inconsistent with development consent and thus unenforceable' 'Whether additional berths in the marina constituted breaches of the headlease, and whether such breaches were breaches of the sub-leases']

Ratio Decidendi

Certain amounts were impermissibly charged by the Owners Corporation to sub-lessees as Outgoings under the marina sub-leases, but other claims by the plaintiffs were not made out: (1) The phrase 'in connection with' in the definition of Outgoings is of broad, but not unlimited, scope, requiring a material association with the marina; (2) Clauses in sub-leases regarding exclusive parking rights are inconsistent with development consent and, by virtue of the Pittwater Local Environmental Plan, are unenforceable to the extent of the inconsistency; (3) While some breaches of the headlease in respect of additional berths were established, they did not amount to a breach of the sub-leases as...

Court Disposition

Claims partly successful; orders to be made following further submissions on precise adjustments for impermissible charges.

Orders

  • ['The Court finds certain specific items (water meter 174, Newport Moorings telephone, reimbursement of Council rates 2004-2012, dinghy storage renovation, and garden maintenance) were impermissibly charged as Outgoings by the Owners Corporation.' 'The parties are to confer as to the amount of reimbursement or...