The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd [2025] NSWLEC 9

The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd [2025] NSWLEC 9

The Court found that the definition of Option Agreement in the strata renewal plan was sufficiently broad to include contracts for sale, and therefore no variation of clause 3.3(g) was needed to reflect higher sale prices from those contracts. The Court also found that varying Annexure B to increase the proposed sale price for lot 19 constituted a variation of a minor nature that does not affect the plan in any substantial way. Therefore, the applicant was to proceed to seek written agreement to the variation from all supporting owners before final orders are made. The variation to the lot 19 sale price to match the lot 18 sale price was found to be just and equitable in all the...

Parties
Applicant: The Owners-Strata Plan 934; First Respondent: T&P Chimes Development Pty Ltd; Second Respondent: Cubile Pty Ltd (ACN 110062630); Third Respondent: Diana Dolores Mullins; Fourth Respondent: John Rogers; Fifth Respondent: Graeme Noel Curry; Sixth Respondent: Lydia Katey Dimarco; Seventh Respondent: Alfio Gerard Dimarco; Eighth Respondent: Lawrence Michael Lutteral; Ninth Respondent: Robert Villamaria; Tenth Respondent: Christina Villamaria; Eleventh Respondent: Philip Sean Jirman; Twelfth Respondent: Anthony David Godfrey Corp; Thirteenth Respondent: Judith Margaret Corp; Fourteenth Respondent: FBIR Holdings Pty Ltd ACN 137 488 601; Fifteenth Respondent: Maryanne Dajkovich; Sixteenth Respondent: Michael James Reed; Seventeenth Respondent: EB 9&10 Pty Ltd (ACN 140 310 729); Eighteenth Respondent: Barbara Lynn Schmidt; Nineteenth Respondent: Peter William Cudlipp; Twentieth Respondent: Kathleen Anne Hackett; Twenty First Respondent: R C Minter Superannuation Pty Ltd
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Class 3 Application – Strata Renewal Plan (preliminary Orders) / Preliminary Determination – Variation of Strata Renewal Plan Prior to Final Orders
Outcome
Preliminary orders made varying sale price for lot 19, requiring written agreement to variation from supporting owners. Matter to return for final orders after procedural compliance.
Legal Topics
Strata Schemes – Renewal and Redevelopment, Strata Schemes Development Act 2015 (nsw) – Variation of Plan, Compensation and Settlement Terms for Dissenting Owners, Court Powers to Vary Strata Renewal Plan, Support Notice Procedures, Procedural Fairness in Strata Renewal
Land Law Property Law Strata Title Strata Schemes – Renewal and Redevelopment Strata Schemes Development Act 2015 (nsw) – Variation of Plan Compensation and Settlement Terms for Dissenting Owners Court Powers to Vary Strata Renewal Plan Support Notice Procedures +1 more

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Parties

The Owners-Strata Plan 934

Applicant

T&P Chimes Development Pty Ltd

First Respondent

Cubile Pty Ltd (ACN 110062630)

Second Respondent

Diana Dolores Mullins

Third Respondent

John Rogers

Fourth Respondent

Graeme Noel Curry

Fifth Respondent

Lydia Katey Dimarco

Sixth Respondent

Alfio Gerard Dimarco

Seventh Respondent

Lawrence Michael Lutteral

Eighth Respondent

Robert Villamaria

Ninth Respondent

Christina Villamaria

Tenth Respondent

Philip Sean Jirman

Eleventh Respondent

Anthony David Godfrey Corp

Twelfth Respondent

Judith Margaret Corp

Thirteenth Respondent

FBIR Holdings Pty Ltd ACN 137 488 601

Fourteenth Respondent

Maryanne Dajkovich

Fifteenth Respondent

Michael James Reed

Sixteenth Respondent

EB 9&10 Pty Ltd (ACN 140 310 729)

Seventeenth Respondent

Barbara Lynn Schmidt

Eighteenth Respondent

Peter William Cudlipp

Nineteenth Respondent

Kathleen Anne Hackett

Twentieth Respondent

R C Minter Superannuation Pty Ltd

Twenty First Respondent

Procedural Posture

Class 3 Application – Strata Renewal Plan (preliminary Orders) / Preliminary Determination – Variation of Strata Renewal Plan Prior to Final Orders

Legal Issues

  1. 1 Whether clause 3.3(g) of the strata renewal plan needs to be varied to reflect higher sale prices in contracts for sale
  2. 2 Whether the Court should vary Annexure B to the strata renewal plan regarding the proposed sale price of lot 19
  3. 3 Whether the proposed variations are of a minor nature that do not affect the plan in any substantial way under s 182(3)(a) Strata Schemes Development Act 2015 (NSW)

Ratio Decidendi

The Court found that the definition of Option Agreement in the strata renewal plan was sufficiently broad to include contracts for sale, and therefore no variation of clause 3.3(g) was needed to reflect higher sale prices from those contracts. The Court also found that varying Annexure B to increase the proposed sale price for lot 19 constituted a variation of a minor nature that does not affect the plan in any substantial way. Therefore, the applicant was to proceed to seek written agreement to the variation from all supporting owners before final orders are made. The variation to the lot 19 sale price to match the lot 18 sale price was found to be just and equitable in all the...

Court Disposition

Preliminary orders made varying sale price for lot 19, requiring written agreement to variation from supporting owners. Matter to return for final orders after procedural compliance.

Orders

  • The applicant is to seek from the owners of each lot in relation to which a support notice has been given, within the meaning of s 174(1) Strata Schemes Development Act 2015 (NSW), written agreement to a variation to Annexure B to the strata renewal plan in relation to lot 19 to increase the purchase price for lot...
  • The applicant is to seek from the owners of each lot in relation to which a support notice has been given written agreement to the variation to the strata renewal plan within 28 days of these orders.