The Owners – Strata Plan 6877 v 2 – 4 Lachlan Avenue Pty Ltd [2018] NSWLEC 13

The Owners – Strata Plan 6877 v 2 – 4 Lachlan Avenue Pty Ltd [2018] NSWLEC 13

It is appropriate and in the interests of justice to order the joinder of a dissenting owner as a respondent where that owner has shown likely material interest, and similarly to join a supporting purchaser where sufficient financial interest is demonstrated. The title of proceedings and parties should strictly align with governing statutes. Costs of dissenting owners should be borne by the owners corporation. Proceedings should be referred to conciliation in accordance with legislative amendments harmonising the Development Act and LEC Act.

Parties
Applicant: The Owners – Strata Plan No 6877; Respondent (dissenting Owner): 2 – 4 Lachlan Avenue Pty Ltd ACN 600 655 156; Respondent (supporting Purchaser): GSA Australia Acquisition No. 2 Pty Ltd ACN 616 364 400
Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Class 3 Application – Land and Environment Court / Interlocutory Ruling on Joinder, Amendment, and Directions
Outcome
Joinder of parties ordered; amendment of applicant's name and title of proceedings ordered; interlocutory directions and referral to conciliation ordered; costs of dissenting owner to be costs in the cause; no costs order for supporting purchaser.
Legal Topics
Practice and Procedure – Joinder of Parties, Collective Sale of Strata Scheme, Strata Renewal Plan, Costs, Conciliation and Mediation
Property Law Strata Law Civil Procedure Practice and Procedure – Joinder of Parties Collective Sale of Strata Scheme Strata Renewal Plan Costs Conciliation and Mediation

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Parties

The Owners – Strata Plan No 6877

Applicant

2 – 4 Lachlan Avenue Pty Ltd ACN 600 655 156

Respondent (dissenting Owner)

GSA Australia Acquisition No. 2 Pty Ltd ACN 616 364 400

Respondent (supporting Purchaser)

Procedural Posture

Class 3 Application – Land and Environment Court / Interlocutory Ruling on Joinder, Amendment, and Directions

Legal Issues

  1. 1 Whether to join dissenting owner as a party
  2. 2 Whether to join supporting purchaser/developer as a party
  3. 3 Appropriate identification and naming of parties

Ratio Decidendi

It is appropriate and in the interests of justice to order the joinder of a dissenting owner as a respondent where that owner has shown likely material interest, and similarly to join a supporting purchaser where sufficient financial interest is demonstrated. The title of proceedings and parties should strictly align with governing statutes. Costs of dissenting owners should be borne by the owners corporation. Proceedings should be referred to conciliation in accordance with legislative amendments harmonising the Development Act and LEC Act.

Court Disposition

Joinder of parties ordered; amendment of applicant's name and title of proceedings ordered; interlocutory directions and referral to conciliation ordered; costs of dissenting owner to be costs in the cause; no costs order for supporting purchaser.

Orders

  • The Applicant's name is amended to 'The Owners – Strata Plan No 6877' and future proceedings to reflect that change.
  • 2 – 4 Lachlan Avenue Pty Ltd (ACN 600 655 156) joined as Respondent (Dissenting Owner).