Owners Corporation SP 70672 v Trustees of Roman Catholic Church [2010] NSWSC 946

Owners Corporation SP 70672 v Trustees of Roman Catholic Church [2010] NSWSC 946

The proceedings should be partly stayed only to the extent that issues are properly the subject of expert determination under cl 16 of the strata management statement, but the court should first determine issues concerning the scope and application of cl 16 and other legal issues concerning construction of the strata management statement, including the court's power under s 28U, because resolving those issues may avoid or facilitate expert determination and can efficiently be done together with the issues raised in paragraphs 1 to 15 of the amended statement of claim.

Jurisdiction
Australia
Judgment Date
30 August 2010
Procedural Posture
Procedural Application for Separate Determination of Questions and Stay of Balance of Proceedings / Supreme Court of New South Wales, Equity Division, Interlocutory Ruling
Outcome
Defendant's application accepted only in part; Ball J held that part of the proceedings should be stayed and that specified legal issues should be determined by the court, with parties invited to bring in short minutes of order.
Legal Topics
['separate Questions' 'stay of Proceedings' 'strata Management Statement' 'expert Determination' 'dispute Resolution Clause']
['practice and Procedure' 'strata Schemes' 'contracts'] ['separate Questions' 'stay of Proceedings' 'strata Management Statement' 'expert Determination' 'dispute Resolution Clause']

Case Brief

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Procedural Posture

Procedural Application for Separate Determination of Questions and Stay of Balance of Proceedings / Supreme Court of New South Wales, Equity Division, Interlocutory Ruling

Legal Issues

  1. 1 ['Whether questions raised by paragraphs 1 to 15 of the amended statement of claim should be determined separately.' 'Whether the balance of the proceedings, or part of them, should be stayed pending determination of separate questions or expert determination under cl 16 of the strata management statement.' 'Whether certain disputes about shared costs and valuation were properly the subject of expert determination under cl 16 of the strata management statement.' "Whether issues concerning the scope and application of cl 16, and other legal issues such as the court's power to amend the strata management statement under s 28U of the Strata Schemes (Freehold Development) Act 1973 (NSW), should be determined by the court."]

Ratio Decidendi

The proceedings should be partly stayed only to the extent that issues are properly the subject of expert determination under cl 16 of the strata management statement, but the court should first determine issues concerning the scope and application of cl 16 and other legal issues concerning construction of the strata management statement, including the court's power under s 28U, because resolving those issues may avoid or facilitate expert determination and can efficiently be done together with the issues raised in paragraphs 1 to 15 of the amended statement of claim.

Court Disposition

Defendant's application accepted only in part; Ball J held that part of the proceedings should be stayed and that specified legal issues should be determined by the court, with parties invited to bring in short minutes of order.

Orders

  • ['Some part of the proceedings ought to be stayed, namely the part properly the subject of expert determination under cl 16 of the strata management statement.' 'Issues concerning the scope and application of cl 16 and other legal issues raised by the amended statement of claim should be determined by the court...