NSW Caselaw
Reported Decision : (2001) NSW ConvR 55-960
New South Wales Supreme Court
CITATION : REGIS TOWERS REAL ESTATE PTY LTD v. KIN FUNG & ORS [2000] NSWSC 438 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2193/00 HEARING DATE(S) : 17/05/00 JUDGMENT DATE : 25 May 2000
Regis Towers Real Estate Pty Ltd - Plaintiff Kin Fung - First defendant PARTIES : Margaret Mary Fung - Second defendant Stephen Lai - Third defendant Owners Strata Plan No 56443 - Fourth defendant Sunaust Group Pty Ltd - Fifth defendant JUDGMENT OF : Bryson J at 1
COUNSEL : M Broun QC/V Bedrossian - Plaintiff C Freeman - First and Second defendants Broun Abrahams - Plaintiff SOLICITORS : Raymond M Wong - First and Second defendants Lin Tang & Co - Third and Fifth defendants Blessington Judd - Fourth defendant CATCHWORDS : STRATA TITLE - special by-laws giving owner of lots and complex manager exclusive right to conduct real estate business on premises - lease entered by another owner in contravention of by-laws - lessee not notified of special by-laws by lessor as required - application to restrain use under lease as real estate agency - owners of lots in complex bound as between each other by by-laws - presumption of regularity in making of special by-laws - whether court should decline to exercise jurisdiction - whether lot owner had a right to have dispute adjudicated under machinery in legislation - whether exclusive right excessive - whether any injunction should have effect only against lessee Conveyancing Act 1919 s 23D LEGISLATION CITED : Real Property Act 1900 s 42(1) Strata Titles Act 1973 Strata Schemes Management Act 1996 ss 43, 44, 46(1), 49, 53, 157, 159, 226 Bapson Pty Ltd v Puyeti Pty Ltd (1990) NSW Titles Cases 80-002 MacLeod v Proprietors of Strata Plan No 6544 [1980] 2 NSWLR 691 CASES CITED : North Wind Pty Ltd v Proprietors - Strata Plan 3143 [1981] 2 NSWLR 809 Proprietors of Strata Plan 1627 v Schultz (1978) 2 BPR 97-129 Solerno v Proprietors of Strata Plan 424724 (1997) 8 BPR 97-648 Sydney Diagnostic Services Pty Ltd v Hamlena Pty Ltd (1991) 5 BPR 97-367 DECISION : See para 48
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