The Owners – Strata Plan No 58872 v Bridgewater Pty Ltd [2018] NSWSC 1559

The Owners – Strata Plan No 58872 v Bridgewater Pty Ltd [2018] NSWSC 1559

The plaintiff failed to establish, on the evidence, that Bridgewater and its shareholders had a common intention or mutual assumption that Lot 27 would be dealt with for the benefit of the Owners Corporation. No equitable obligation or constructive trust arose in favour of the Owners Corporation. Consequently, there is no basis to set aside the mortgage or require transfer or proceeds to the Owners Corporation.

Parties
Plaintiff: The Owners – Strata Plan No 58872; First Defendant: Bridgewater Pty Ltd; Second Defendant: Peter Michael Lubrano
Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Equity / Principal Judgment
Outcome
Plaintiff's claim dismissed save for caveat; plaintiff to pay defendants' costs.
Legal Topics
Constructive Trusts, Company to Strata Title Conversion, Ownership of Parking Space, Common Intention, Owners Corporation's Rights
Equity Constructive Trusts Company to Strata Title Conversion Ownership of Parking Space Common Intention Owners Corporation's Rights

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Parties

The Owners – Strata Plan No 58872

Plaintiff

Bridgewater Pty Ltd

First Defendant

Peter Michael Lubrano

Second Defendant

Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 Whether bridgewater holds Lot 27 on constructive trust for the Owners Corporation
  2. 2 Whether there was a common intention that Lot 27 would be dealt with for the benefit of the Owners Corporation
  3. 3 Whether the mortgage over Lot 27 should be set aside

Ratio Decidendi

The plaintiff failed to establish, on the evidence, that Bridgewater and its shareholders had a common intention or mutual assumption that Lot 27 would be dealt with for the benefit of the Owners Corporation. No equitable obligation or constructive trust arose in favour of the Owners Corporation. Consequently, there is no basis to set aside the mortgage or require transfer or proceeds to the Owners Corporation.

Court Disposition

Plaintiff's claim dismissed save for caveat; plaintiff to pay defendants' costs.

Orders

  • Statement of Claim dismissed except in relation to the caveat lodged by Mr Lubrano.
  • Mr Lubrano's caveat over Lot 27 to be removed.