The Owners - Strata Plan 6666 v GSA Australia Acquisition No 2 Pty Ltd and Kahu Holdings Pty Ltd; ; The Owners - Strata Plan 6877 v GSA Australia Acquisition No 2 Pty Ltd and 2-4 Lachlan Avenue Pty Ltd [2018] NSWLEC 115

The Owners - Strata Plan 6666 v GSA Australia Acquisition No 2 Pty Ltd and Kahu Holdings Pty Ltd; ; The Owners - Strata Plan 6877 v GSA Australia Acquisition No 2 Pty Ltd and 2-4 Lachlan Avenue Pty Ltd [2018] NSWLEC 115

The two proceedings should not be ordered to be heard together in the full sense sought by the motions because there would not be complete coincidence between the trials, particularly as to lay evidence and potentially closing submissions. However, given the likely commonality of town planning, valuation and statutory construction issues, the limited trial preparation to date, the availability of an 11-sitting-day block, and the need for just, quick and cheap resolution and efficient allocation of Court resources, both matters should be set down to commence at 10.00 am on 5 November 2018 and be intensively case managed so that common issues can be heard together where appropriate.

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Class 3 Strata Redevelopment Scheme Proceedings Concerning Notices of Motion to Have Proceedings Heard Together / Procedural Motions and Case Management Before Final Hearing
Outcome
The Court declined to order that the matters be heard together in the form sought, but set both matters down to commence at the same time and reserved costs.
Legal Topics
['strata Redevelopment Schemes' 'hearing Together of Proceedings' 'case Management' 'dissenting Owners' 'just, Quick and Cheap Resolution' 'costs Reserved']
['civil Procedure' 'land and Environment' 'strata Schemes'] ['strata Redevelopment Schemes' 'hearing Together of Proceedings' 'case Management' 'dissenting Owners' 'just, Quick and Cheap Resolution' 'costs Reserved']

Case Brief

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Procedural Posture

Class 3 Strata Redevelopment Scheme Proceedings Concerning Notices of Motion to Have Proceedings Heard Together / Procedural Motions and Case Management Before Final Hearing

Legal Issues

  1. 1 ['Whether Matter No 384761 of 2017 and Matter No 384700 of 2017 should be heard together pursuant to r 28.5 of the Uniform Civil Procedure Rules 2005 if the hearing dates of 5 to 13 November 2018 could be retained.' 'Whether both strata redevelopment proceedings should instead be listed to commence at the same time and be managed within the same hearing block.' 'How to balance common issues, efficient use of Court resources, limited trial preparation, and the availability of counsel and expert witnesses.' 'Whether costs of the motions should be determined immediately or reserved.']

Ratio Decidendi

The two proceedings should not be ordered to be heard together in the full sense sought by the motions because there would not be complete coincidence between the trials, particularly as to lay evidence and potentially closing submissions. However, given the likely commonality of town planning, valuation and statutory construction issues, the limited trial preparation to date, the availability of an 11-sitting-day block, and the need for just, quick and cheap resolution and efficient allocation of Court resources, both matters should be set down to commence at 10.00 am on 5 November 2018 and be intensively case managed so that common issues can be heard together where appropriate.

Court Disposition

The Court declined to order that the matters be heard together in the form sought, but set both matters down to commence at the same time and reserved costs.

Orders

  • ['Matter No 384761 of 2017 and Matter No 384700 of 2017 are both set down for hearing commencing at 10.00 am on 5 November 2018.' 'Costs in each motion are reserved to be determined by Moore J.' 'The matter is to be subject to a case management conference to commence upon the publication of this decision.']