Sharks Residential Pty Ltd v The Owners – Strata Plan No. 97194 [2019] NSWCATCD 20

Sharks Residential Pty Ltd v The Owners – Strata Plan No. 97194 [2019] NSWCATCD 20

The unchallenged valuation evidence of the certified practising valuer established that the original allocation of unit entitlements was unreasonable at registration because the two towers, Landings and Cove, were calculated on a tower-by-tower basis and then aggregated as if they were separate strata plans, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 April 2019
Procedural Posture
Application Under S 236 of the Strata Schemes Management Act 2015 (nsw) for Reallocation of Unit Entitlements / Principal Judgment; Reasons for Decision and Amended Orders
Outcome
Application granted in part; reallocation of unit entitlements ordered and remainder of the application dismissed.
Legal Topics
['unit Entitlement' 'unreasonable Allocation' 'strata Plan Registration' 'valuation Evidence' 'reallocation of Unit Entitlements']
['strata Schemes' 'property Law' 'administrative Law'] ['unit Entitlement' 'unreasonable Allocation' 'strata Plan Registration' 'valuation Evidence' 'reallocation of Unit Entitlements']

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Procedural Posture

Application Under S 236 of the Strata Schemes Management Act 2015 (nsw) for Reallocation of Unit Entitlements / Principal Judgment; Reasons for Decision and Amended Orders

Legal Issues

  1. 1 ['Whether the allocation of unit entitlements upon registration of strata plan 97194 was unreasonable as at the registration date of 19 March 2018.' 'Whether the application complied with s 236 of the Strata Schemes Management Act 2015 (NSW), including requirements concerning who may apply and valuation evidence.' "Whether the Tribunal should order reallocation of unit entitlements according to the licensed valuer's schedule."]

Ratio Decidendi

The unchallenged valuation evidence of the certified practising valuer established that the original allocation of unit entitlements was unreasonable at registration because the two towers, Landings and Cove, were calculated on a tower-by-tower basis and then aggregated as if they were separate strata plans, and because no value was attributed to storage areas forming part of lots. The application was made by a lot owner and supported by compliant valuation evidence, so the Tribunal's discretion under s 236 was enlivened and the unit entitlements should be reallocated according to the valuer's schedule.

Court Disposition

Application granted in part; reallocation of unit entitlements ordered and remainder of the application dismissed.

Orders

  • ['Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 2 April 2019 are amended on 30 April 2019.' 'The Tribunal finds the allocation of unit entitlements upon registration of strata plan 97194 was unreasonable as at the registration date of 19 March 2018 and makes an order...