The Owners – Strata Plan No. 20548 v Mount Street 4 Pty Ltd aft Mount Street 4 Unit Trust (No 2) [2024] NSWLEC 101

The Owners – Strata Plan No. 20548 v Mount Street 4 Pty Ltd aft Mount Street 4 Unit Trust (No 2) [2024] NSWLEC 101

The court held that s 181(6) of the Strata Schemes Development Act 2015 (NSW) allows joinder of a person whom the court directs be joined, even if they did not file an objection within time; paragraphs (a) and (b) are disjunctive. As Taunton10's proprietary interests may be directly affected by the outcome, natural justice requires it be joined. Procedural efficiency and fairness were not undermined by its joinder, and the court exercised its discretion accordingly.

Parties
Applicant, Respondent on the Motion: The Owners – Strata Plan No. 20548; First Respondent, Respondent on the Motion: Mount Street 4 Pty Ltd ACN 648 961 479 as trustee for the Mount Street 4 Unit Trust ABN 92 854 345 991; Second Respondent: Keith Anthony Bond; Applicant on the Motion (third Respondent, After Joinder): Taunton10 Pty Ltd
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Application for Order Giving Effect to Strata Renewal Plan (class 3 Land and Environment Court Proceeding) / Procedural Motion: Application for Joinder of Party Prior to Substantive Collective Sale Hearing
Outcome
Taunton10 Pty Ltd is joined as third respondent; costs of its motion are reserved.
Legal Topics
Strata Title, Strata Renewal Plan, Joinder of Parties, Collective Sale, Civil Practice and Procedure
Land Law Civil Procedure Strata Title Strata Renewal Plan Joinder of Parties Collective Sale Civil Practice and Procedure

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Parties

The Owners – Strata Plan No. 20548

Applicant, Respondent on the Motion

Mount Street 4 Pty Ltd ACN 648 961 479 as trustee for the Mount Street 4 Unit Trust ABN 92 854 345 991

First Respondent, Respondent on the Motion

Keith Anthony Bond

Second Respondent

Taunton10 Pty Ltd

Applicant on the Motion (third Respondent, After Joinder)

Procedural Posture

Application for Order Giving Effect to Strata Renewal Plan (class 3 Land and Environment Court Proceeding) / Procedural Motion: Application for Joinder of Party Prior to Substantive Collective Sale Hearing

Legal Issues

  1. 1 What is the hierarchy or relationship between s 181(6)(b) of the Strata Schemes Development Act 2015 (NSW) and r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) as sources of power for joinder?
  2. 2 Whether Taunton10 Pty Ltd can or ought be joined as a party under s 181(6)(b) of the Strata Schemes Development Act 2015 (NSW)
  3. 3 Whether Taunton10 Pty Ltd can or ought be joined under r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW)

Ratio Decidendi

The court held that s 181(6) of the Strata Schemes Development Act 2015 (NSW) allows joinder of a person whom the court directs be joined, even if they did not file an objection within time; paragraphs (a) and (b) are disjunctive. As Taunton10's proprietary interests may be directly affected by the outcome, natural justice requires it be joined. Procedural efficiency and fairness were not undermined by its joinder, and the court exercised its discretion accordingly.

Court Disposition

Taunton10 Pty Ltd is joined as third respondent; costs of its motion are reserved.

Orders

  • Taunton10 Pty Ltd be joined to these proceedings as third respondent pursuant to s 181(6)(b) of the Strata Schemes Development Act 2015 (NSW).
  • Costs of Taunton10 Pty Ltd's notice of motion filed on 19 August 2024 and amended on 29 August 2024 are reserved.