The Owners – Strata Plan 6666 v Kahu Holdings Pty Ltd [2018] NSWLEC 15

The Owners – Strata Plan 6666 v Kahu Holdings Pty Ltd [2018] NSWLEC 15

A dissenting owner and a supporting purchaser may be joined as respondents pursuant to the Development Act; the dissenting owner's reasonable costs are payable by the applicant, and the supporting party bears its own costs. The applicant's corporate name must comply with the statutory scheme. The matter may be...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Class 3 Application (land and Environment Court) / Interlocutory Ruling on Joinder, Costs, Party Designation, and Case Management Directions
Outcome
Notice of Motion upheld; parties joined; case name amended; directions and orders for further conduct of proceedings made; costs orders as per statute
Legal Topics
['joinder of Parties' 'costs' 'strata Renewal Plans' 'conciliation/mediation' 'party Identification']
['strata Law' 'property Law' 'civil Procedure'] ['joinder of Parties' 'costs' 'strata Renewal Plans' 'conciliation/mediation' 'party Identification']

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Procedural Posture

Class 3 Application (land and Environment Court) / Interlocutory Ruling on Joinder, Costs, Party Designation, and Case Management Directions

Legal Issues

  1. 1 ['Whether to join dissenting owner and/or supporting purchaser/developer to proceedings' 'Proper designation and naming of parties in strata renewal proceedings' 'Entitlement to costs following joinder applications' 'Appropriate procedure for conciliation under s 34 of the Land and Environment Court Act 1979']

Ratio Decidendi

A dissenting owner and a supporting purchaser may be joined as respondents pursuant to the Development Act; the dissenting owner's reasonable costs are payable by the applicant, and the supporting party bears its own costs. The applicant's corporate name must comply with the statutory scheme. The matter may be referred to conciliation, but the court retains jurisdiction irrespective of any agreement reached.

Court Disposition

Notice of Motion upheld; parties joined; case name amended; directions and orders for further conduct of proceedings made; costs orders as per statute

Orders

  • ['Kahu Holdings Pty Ltd joined as Respondent (Dissenting Owner); its costs to be costs in the cause as per s 188 of the Strata Schemes Development Act 2015.' 'GSA Australia Acquisition No. 2 Pty Ltd (ACN 616 364 400) joined as Respondent (Supporting Purchaser) under s 181(6)(b) of the Strata Schemes Development Act...