Southern Cross Hotels Group Pty Limited & anor v The Owners - Strata Plan No 61667 [2007] NSWSC 939

Southern Cross Hotels Group Pty Limited & anor v The Owners - Strata Plan No 61667 [2007] NSWSC 939

The plaintiffs have the right to access and return from the Restricted Shared Area via the intra-strata door, as the objective intention at the date of registration was that such access would be available; alternative routes are not sufficient to provide reasonable enjoyment of the granted right.

Parties
First Plaintiff: Southern Cross Hotels Group Pty Limited; Second Plaintiff: The Owners - Strata Plan No 61641; Defendant: The Owners - Strata Plan No 61667
Jurisdiction
Australia
Judgment Date
24 August 2007
Procedural Posture
Equity Division Proceeding / Judgment
Outcome
Plaintiffs have right to access and return from the Restricted Shared Area via the intra-strata doors.
Legal Topics
Construction of Strata Management Scheme, Implied and Incidental Rights of Access, Exclusive Use and Enjoyment of Common Property, Right to Access Recreation Areas
Strata Titles Real Property Construction of Strata Management Scheme Implied and Incidental Rights of Access Exclusive Use and Enjoyment of Common Property Right to Access Recreation Areas

Case Brief

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Parties

Southern Cross Hotels Group Pty Limited

First Plaintiff

The Owners - Strata Plan No 61641

Second Plaintiff

The Owners - Strata Plan No 61667

Defendant

Procedural Posture

Equity Division Proceeding / Judgment

Legal Issues

  1. 1 Whether the plaintiffs have the right to access and return from the Restricted Shared Area via the intra-strata doors
  2. 2 Whether the defendant is entitled to close normal access route to the recreation area
  3. 3 Whether the plaintiffs have a right of access under the Strata Management Scheme and/or the Act

Ratio Decidendi

The plaintiffs have the right to access and return from the Restricted Shared Area via the intra-strata door, as the objective intention at the date of registration was that such access would be available; alternative routes are not sufficient to provide reasonable enjoyment of the granted right.

Court Disposition

Plaintiffs have right to access and return from the Restricted Shared Area via the intra-strata doors.

Orders

  • Matter stood over to enable parties to discuss the question of which doors should be made available for access.