Mary Erling v The Owners Strata Plan No. 8891 [2010] NSWSC 824

Mary Erling v The Owners Strata Plan No. 8891 [2010] NSWSC 824

The evidence justified termination because the repair options were not commercially sensible when compared with the valuations, the property was better dealt with as a knockdown, there was continuing disagreement between owners, and the plaintiff's proposed orders followed the relevant Borsky format and were appropriate.

Jurisdiction
Australia
Judgment Date
27 July 2010
Procedural Posture
Application for Orders to Terminate a Strata Scheme Under S 51(4) of the Strata Schemes (freehold Development) Act 1973 / Ex Tempore Judgment in the Equity Division
Outcome
Plaintiff's application for orders to terminate strata scheme allowed.
Legal Topics
['termination of Strata Scheme' 'winding Up of Owners Corporation' 'repair Costs and Valuation of Strata Property']
['property Law' 'strata Titles'] ['termination of Strata Scheme' 'winding Up of Owners Corporation' 'repair Costs and Valuation of Strata Property']

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Procedural Posture

Application for Orders to Terminate a Strata Scheme Under S 51(4) of the Strata Schemes (freehold Development) Act 1973 / Ex Tempore Judgment in the Equity Division

Legal Issues

  1. 1 ['Whether the strata scheme relating to Strata Plan No 8891 should be terminated under s 51(4) of the Strata Schemes (Freehold Development) Act 1973.' 'Whether the proposed orders made appropriate provision for matters required on termination of the strata scheme, including winding up.']

Ratio Decidendi

The evidence justified termination because the repair options were not commercially sensible when compared with the valuations, the property was better dealt with as a knockdown, there was continuing disagreement between owners, and the plaintiff's proposed orders followed the relevant Borsky format and were appropriate.

Court Disposition

Plaintiff's application for orders to terminate strata scheme allowed.

Orders

  • ['The further amended summons was amended to substitute the New South Wales Trustee and Guardian as executor for the estate of the Late Helen Mary Nicholls as the second defendant.' 'Leave was granted to the plaintiff within the next seven days, or as soon as practicable, to file in Court the original of the consent...