The Owners- Strata Plan No 86208 v Lowry and Ors [2014] NSWCATCD 226

The Owners- Strata Plan No 86208 v Lowry and Ors [2014] NSWCATCD 226

The Tribunal dismissed the application because the Owners Corporation failed to prove that the original unit entitlement allocation was unreasonable at registration or that the proposed reallocation should be ordered. The valuation did not provide a valuation of each lot as required by section 183(4), did not expose the valuer's reasoning or all facts relied on, did not justify why the original banding was unreasonable or why the proposed 10 bands were appropriate, and relied on sales over a 13 month period without showing adjustment to values as at 2 December 2011. The other evidence suggested the original allocation was based on percentage value and the proposed changes would not...

Jurisdiction
Australia
Judgment Date
18 November 2014
Procedural Posture
Application Under Section 183 of the Strata Schemes Management Act, 1996 to Allocate Unit Entitlements Among Lots in a Strata Scheme / Reasons for Decision After Hearing
Outcome
Application dismissed
Legal Topics
['unit Entitlement Allocation' 'unreasonable Allocation of Unit Entitlements' 'valuation Evidence' 'section 183 Strata Schemes Management Act, 1996']
['strata Schemes' 'administrative Law'] ['unit Entitlement Allocation' 'unreasonable Allocation of Unit Entitlements' 'valuation Evidence' 'section 183 Strata Schemes Management Act, 1996']

Case Brief

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Procedural Posture

Application Under Section 183 of the Strata Schemes Management Act, 1996 to Allocate Unit Entitlements Among Lots in a Strata Scheme / Reasons for Decision After Hearing

Legal Issues

  1. 1 ['Whether the allocation of unit entitlements among the lots was unreasonable when the strata plan was registered on 2 December 2011.' "Whether the applicant's valuation evidence satisfied the requirements of section 183 of the Strata Schemes Management Act, 1996." 'Whether the Tribunal should make an order reallocating unit entitlements in accordance with the proposed schedule.']

Ratio Decidendi

The Tribunal dismissed the application because the Owners Corporation failed to prove that the original unit entitlement allocation was unreasonable at registration or that the proposed reallocation should be ordered. The valuation did not provide a valuation of each lot as required by section 183(4), did not expose the valuer's reasoning or all facts relied on, did not justify why the original banding was unreasonable or why the proposed 10 bands were appropriate, and relied on sales over a 13 month period without showing adjustment to values as at 2 December 2011. The other evidence suggested the original allocation was based on percentage value and the proposed changes would not...

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']