Isabella DIT Pty Limited v Lee Wharf Developments Pty Limited and Anor [2014] NSWCATCD 224

Isabella DIT Pty Limited v Lee Wharf Developments Pty Limited and Anor [2014] NSWCATCD 224

The applicant did not discharge the onus of establishing, on the evidence, that the allocation of unit entitlements was unreasonable when the Strata Plan was registered. There was insufficient and unreliable evidence as to the respective values of each lot at the relevant date to justify reallocation. The Tribunal therefore could not make the orders sought.

Parties
Applicant: Isabella DIT Pty Limited; First Respondent: The Owners SP 80988; Second Respondent: Hunter Development Corporation; Third Respondent: Lee Wharf Developments Pty Limited
Jurisdiction
Australia
Judgment Date
19 November 2014
Procedural Posture
Application to Re Allocate Unit Entitlements Under the Strata Schemes Management Act 1996 / Final Decision and Orders
Outcome
application dismissed
Legal Topics
Re Allocation of Unit Entitlement, Strata Schemes, Valuation Dispute
Property Law Strata/strata Title Re Allocation of Unit Entitlement Strata Schemes Valuation Dispute

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Parties

Isabella DIT Pty Limited

Applicant

The Owners SP 80988

First Respondent

Hunter Development Corporation

Second Respondent

Lee Wharf Developments Pty Limited

Third Respondent

Procedural Posture

Application to Re Allocate Unit Entitlements Under the Strata Schemes Management Act 1996 / Final Decision and Orders

Legal Issues

  1. 1 Was the allocation of unit entitlements in Strata Plan 80988 unreasonable when the plan was registered?
  2. 2 Is the applicant entitled to an order for re-allocation of unit entitlements under s 183(1) of the Strata Schemes Management Act 1996?
  3. 3 Is the applicant entitled to compensation or variation of contributions under s 183(6) or s 149 of the Act?

Ratio Decidendi

The applicant did not discharge the onus of establishing, on the evidence, that the allocation of unit entitlements was unreasonable when the Strata Plan was registered. There was insufficient and unreliable evidence as to the respective values of each lot at the relevant date to justify reallocation. The Tribunal therefore could not make the orders sought.

Court Disposition

application dismissed

Orders

  • The application to allocate unit entitlements is dismissed pursuant to s 185(3) of the Act.
  • Each party is to bear their own costs of the application.