The Owners – Strata Plan No 72381 v The Owners – Strata Plan No 71067 [2016] NSWSC 1857

The Owners – Strata Plan No 72381 v The Owners – Strata Plan No 71067 [2016] NSWSC 1857

On a sensible construction of the World Square Statement and related instruments, the arrangements were intended to provide access through Low Rise Owners' common property on Level 10 to the Mid Rise Lobby and mail room, not to make every part of the area marked foyer or lobby a World Tower Shared Facility or to give Mid Rise Owners rights over the visual appearance of parts not necessary for access. The new wall and the New Doorway did not form part of the World Tower Shared Facilities and did not interfere with relevant access, so their construction was not shown to contravene the World Square Statement.

Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Equity Proceedings Concerning Alleged Contravention of Strata Management Arrangements and Seeking Removal of a Glass/mirrored Doorway and Reinstatement of a Wall / Principal Judgment After Hearing
Outcome
Summons dismissed with costs.
Legal Topics
['construction of Strata Management Statement' 'world Tower Shared Facilities' 'common Property' 'easements' 'alterations to Lobby Area']
['real Property' 'strata Schemes' 'equity'] ['construction of Strata Management Statement' 'world Tower Shared Facilities' 'common Property' 'easements' 'alterations to Lobby Area']

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Procedural Posture

Equity Proceedings Concerning Alleged Contravention of Strata Management Arrangements and Seeking Removal of a Glass/mirrored Doorway and Reinstatement of a Wall / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the internal wall on Level 10 in which the New Doorway was constructed was part of the "World Tower Shared Facilities" under the World Square Statement.' 'Whether Low Rise Owners contravened the World Square Statement by constructing the New Doorway without the consent in writing of the World Tower Committee.' 'Whether Mid Rise Owners was entitled to an order requiring removal of the New Doorway and reinstatement of the wall.']

Ratio Decidendi

On a sensible construction of the World Square Statement and related instruments, the arrangements were intended to provide access through Low Rise Owners' common property on Level 10 to the Mid Rise Lobby and mail room, not to make every part of the area marked foyer or lobby a World Tower Shared Facility or to give Mid Rise Owners rights over the visual appearance of parts not necessary for access. The new wall and the New Doorway did not form part of the World Tower Shared Facilities and did not interfere with relevant access, so their construction was not shown to contravene the World Square Statement.

Court Disposition

Summons dismissed with costs.

Orders

  • ['Summons filed 11 April 2016 dismissed with costs.']