Gena Pty Ltd & Anor v. The Proprietors-Units Plan No. 139 & Ors [1987] FCA 61

AL COURT OF FEE RUSTRALIA

CIPAL ae ISTRY

CATCHWORDS

REAL PROPERTY - Subdivision into units and common property of land held under Crown lease - Application to Supreme Court of Australian Capital Territory for order cancelling units plan - Cancellation part of scheme to substitute new units plan embracing additional parcel of land - Scheme opposed by some unit holders - Court required to have regard to rights and interests of those having estates or interests in leases of units - Provisional order made for cancellation of units plan subject to certain conditions - Extent of Court's power to impose conditions - Meaning of "rights and interests" of unit holders - Whether just and equitable to order cancellation - Principles applicable.

Unit Titles Ordinance 1970 (A.C.T.), ss.1l, 25, 26, 97, 98, 99

GENA PTY. LIMITED & ANOR. v. THE PROPRIETORS ~ UNITS PLAN NO.139 & ORS.

ACT G 34 of 1986

Sheppard, Kelly and Neaves JJ. 20 February 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G 34 of 1986 DISTRICT REGISTRY

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GENERAL DIVISION

QN APPEAL F'ROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN : GENA PTY. LIMITED

First Appellant ARGOS PTY. LIMITED

Second Appellant AND: THE PROPRIETORS - UNITS PLAN NO.139

First Respondent

NICK KARVOUNARIS

Second Respondent

KOULA KARVOUNARIS Third Respondent

STAN KOKOULIS Fourth Respondent IRENE KOKOULIS

Fifth Respondent

MINUTE OF QRDER

JUDGES MAKING ORDER : Sheppard, Kelly and Neaves JJ. DATE OF ORDER : 20 February 1986 WHERE MADE : Canberra

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The cross-appeal of the second, third, fourth and fifth respondents be allowed.