Sorose Pty Limited (In liquidation) v The Owners - Strata Plan 80638 and Ors [2013] NSWLEC 1215

Sorose Pty Limited (In liquidation) v The Owners - Strata Plan 80638 and Ors [2013] NSWLEC 1215

The Court was satisfied that appropriate substituted service had informed relevant owners, that it was appropriate to proceed despite no appearance by the respondents, and that extending the conclusion of the strata development contract would allow completion of the development and was consistent with the objective of orderly economic development of land. The time for conclusion of the development scheme was therefore extended until 31 December 2018.

Jurisdiction
Australia
Judgment Date
15 October 2013
Procedural Posture
Class 2 Proceedings for Extension of Time for a Development Scheme / Principal Judgment
Outcome
The time for extension of the development scheme is to be extended until 31 December 2018.
Legal Topics
['extension of Time for a Development Scheme' 'strata Development Contract' 'substituted Service' 'orderly Economic Development of Land']
['planning and Environment' 'strata Schemes'] ['extension of Time for a Development Scheme' 'strata Development Contract' 'substituted Service' 'orderly Economic Development of Land']

Case Brief

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Procedural Posture

Class 2 Proceedings for Extension of Time for a Development Scheme / Principal Judgment

Legal Issues

  1. 1 ['Whether relief should be granted under s 28QA of the Strata Schemes Freehold Development Act 1973 to extend the conclusion time for the development scheme.' 'Whether it was appropriate to proceed where the respondents had not appeared after substituted service.' 'What date should be fixed for conclusion of the development scheme.']

Ratio Decidendi

The Court was satisfied that appropriate substituted service had informed relevant owners, that it was appropriate to proceed despite no appearance by the respondents, and that extending the conclusion of the strata development contract would allow completion of the development and was consistent with the objective of orderly economic development of land. The time for conclusion of the development scheme was therefore extended until 31 December 2018.

Court Disposition

The time for extension of the development scheme is to be extended until 31 December 2018.

Orders

  • ['The time for extension of the development scheme is to be extended until 31 December 2018.']