Northern Beaches Council v Strata Plan 7114 [2024] NSWDC 648

District Court New South Wales

Medium Neutral Citation: Northern Beaches Council v Strata Plan 7114 [2024] NSWDC 648 Hearing dates: 16, 17, 18 and 19 July 2024; 13 September 2024 Date of orders: 05 November 2024 Decision date: 05 November 2024 Jurisdiction: Civil Before: Weber SC DCJ Decision: See Orders Catchwords: LAND LAW – Strata – By-laws – Contractual construction in cases of long-term contractual relations – Whether earlier deed regained force upon termination of later deed – Licence fee claim – Trespass loss of carpark revenue Legislation Cited: Civil Procedure Act 2005 (NSW) s 100 Cases Cited: Belflora Ply Ltd v Vinflora Ply Ltd and Anor [2020] NSWSC 1229 Brambles Holdings Ltd V Bathurst City Council (2001) 53 NSWLR 153 Fuller v Albert (No 2) [2021] NSWCA 183 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Australia) Pty Ltd (1988) 5 BPR 11 Perry v Stopher [1959] 1 WLR 415 Texts Cited: Nil Category: Principal judgment Parties: Plaintiff: Northern Beaches Council Defendant: Strata Plan 7114 Representation: Counsel: Plaintiff: Mr P Barham Defendant: Mr J Knackstredt

Solicitors: Plaintiff: HWL Ebsworth Lawyers Defendant: Bannermans Lawyers File Number(s): 2022/00284794 Publication restriction: None

JUDGMENT

Introduction 1. These proceedings concern a mixed use building in Manly known as the Manly National Building. The ground floor is comprised of retail spaces while floors 1 to 7 comprise a public car parking facility. Above the car park are residential lots. 2. The building is the subject of a strata plan, which was registered in April 1973. The plaintiff (the "Council") is the registered proprietor of Lots 185 to 430, being the car park section of the building (the "Council Lots"). It seems clear that the Council has been operating a car park on the site since at least the time of registration of the strata plan. To the extent to which it is relevant, it is more likely than not that the Council was conducting a public car park for fee from at least 1974 (See PX8). 3. The defendant (the "OC") is the Owners Corporation of the building which has over time entered into various commercial arrangements with the Council in relation to the Council's Lots.