LAWROM NOMINEES PTY. LIMITED V. KINGSMEDE PTY. LTD. & ANOR [2000] NSWSC 1048

LAWROM NOMINEES PTY. LIMITED V. KINGSMEDE PTY. LTD. & ANOR [2000] NSWSC 1048

Registration of the strata plan without plaintiff’s consent is not, in the circumstances, a sufficient breach or threat of breach of the lease to justify an injunction, provided effective undertakings are given by the defendants to secure the plaintiff's lease rights and protect from disadvantage, and that such undertakings are suitably secured. The technical breaches are immaterial and can be addressed by obligations imposed on the defendants, including a charge over the lot and assurances that all rights under the lease remain post-registration.

Parties
Plaintiff: Lawrom Nominees Pty. Limited; First Defendant: Kingsmede Pty. Limited; Second Defendant: Pamiers Pty. Limited
Jurisdiction
Australia
Judgment Date
14 October 2000
Procedural Posture
Proceedings for Injunction—equity Division / Final Judgment After Hearing
Outcome
Application for injunction refused (conditional)
Legal Topics
Strata Plan Registration, Injunction to Restrain Registration, Landlord and Tenant Obligations Under Lease, Dealings With Common Property, Effect of Registration of Strata Plan on Lease, Deed Poll and Protection of Lessee Rights
Landlord and Tenant Real Property Strata Title Law Strata Plan Registration Injunction to Restrain Registration Landlord and Tenant Obligations Under Lease Dealings With Common Property Effect of Registration of Strata Plan on Lease +1 more

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Parties

Lawrom Nominees Pty. Limited

Plaintiff

Kingsmede Pty. Limited

First Defendant

Pamiers Pty. Limited

Second Defendant

Procedural Posture

Proceedings for Injunction—equity Division / Final Judgment After Hearing

Legal Issues

  1. 1 Whether registration of a strata plan would breach or threaten to breach terms of a registered lease
  2. 2 Whether such breach or threat justifies an injunction restraining registration of the strata plan
  3. 3 Adequacy of proposed undertakings (including a deed poll) to protect the tenant's rights under the lease

Ratio Decidendi

Registration of the strata plan without plaintiff’s consent is not, in the circumstances, a sufficient breach or threat of breach of the lease to justify an injunction, provided effective undertakings are given by the defendants to secure the plaintiff's lease rights and protect from disadvantage, and that such undertakings are suitably secured. The technical breaches are immaterial and can be addressed by obligations imposed on the defendants, including a charge over the lot and assurances that all rights under the lease remain post-registration.

Court Disposition

Application for injunction refused (conditional)

Orders

  • Relief refused to the plaintiff, provided the defendants procure a valid deed poll covering the specified protections and undertake contractual obligations to ensure the plaintiff is not disadvantaged in any lease term by registration of the strata plan, secured by a charge over the strata lot, and requiring any...
  • Tentative order for the plaintiff to pay one-half of the defendants’ costs; plaintiff not liable on its undertaking as to damages in respect of interim orders.