Ho v Lau [2019] NSWSC 1609

Ho v Lau [2019] NSWSC 1609

On proper construction of the consent orders, in light of the parties' joint venture agreement and the admitted conversations at court, the joint venture requires that the shared driveway and turning bay are to be common property in the proposed strata scheme; unit entitlements for Lots 1 and 2 are to be equal; parties are bound to take all necessary actions to give effect to those arrangements.

Parties
Plaintiff: Simon Ho; First Defendant: Daniel Chi Chung Lau; Second Defendant: Lilian Lim
Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Equity / Separate Determination of Stated Questions Prior to Further Disposition
Outcome
Answers given to questions stated for separate determination: joint venture agreement requires shared driveway and turning bay as common property; unit entitlements equal; no enforceable collateral agreement or estoppel required.
Legal Topics
Construction of Consent Orders, Specific Performance of Settlement Agreements, Strata Title Subdivision, Unit Entitlement Allocation, Common Property Vs Easement, Ostensible Authority of Solicitors
Equity Partnership and Joint Ventures Property Law Construction of Consent Orders Specific Performance of Settlement Agreements Strata Title Subdivision Unit Entitlement Allocation Common Property Vs Easement +1 more

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Parties

Simon Ho

Plaintiff

Daniel Chi Chung Lau

First Defendant

Lilian Lim

Second Defendant

Procedural Posture

Equity / Separate Determination of Stated Questions Prior to Further Disposition

Legal Issues

  1. 1 Construction of consent orders embodying settlement agreement regarding joint venture for strata subdivision of land
  2. 2 Whether joint venture agreement required shared driveway and turning bay to be common property
  3. 3 Whether agreement existed extrinsic to consent orders about common property status of turning bay

Ratio Decidendi

On proper construction of the consent orders, in light of the parties' joint venture agreement and the admitted conversations at court, the joint venture requires that the shared driveway and turning bay are to be common property in the proposed strata scheme; unit entitlements for Lots 1 and 2 are to be equal; parties are bound to take all necessary actions to give effect to those arrangements.

Court Disposition

Answers given to questions stated for separate determination: joint venture agreement requires shared driveway and turning bay as common property; unit entitlements equal; no enforceable collateral agreement or estoppel required.

Orders

  • Answers to questions: 1(a) No; 1(b) No; 1(c)(i): unit entitlements equal; 1(c)(ii): front area allocated to lots except shared driveway and turning bay as common property; 1(c)(iii) driveway and turning bay to be common property; 2: No separate agreement; 3(a) and (b): not applicable.
  • Parties to make further submissions regarding consequential orders and costs.