NSW Caselaw
Reported Decision : (2001) NSW ConvR 55-979
New South Wales Supreme Court
CITATION : LAWROM NOMINEES PTY. LIMITED V. KINGSMEDE PTY. LTD. & ANOR [2000] NSWSC 1048 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3258/00 HEARING DATE(S) : 4 October 2000 JUDGMENT DATE : 14 October 2000
Lawrom Nominees Pty. Limited - plaintiff PARTIES : Kingsmede Pty. Limited - 1st defendant Pamiers Pty. Limited - 2nd defendant JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : A. Meagher SC/D. Raphael for plaintiff S. Robb SC for defendants SOLICITORS : Esplins, Sydney for plaintiff Middleton Moore & Bevins, Sydney for defendants CATCHWORDS : LANDLORD & TENANT - REAL PROPERTY - Strata and related titles and occupancy - Landlord seeks registration of strata plan - Tenant of one floor of building applies for injunction to restrain registration - Landlord offers undertakings to protect tenant from being disadvantaged - Injunction refused. Conveyancing Act 1919, ss.117, 118. LEGISLATION CITED : Strata Schemes (Freehold Development) Act 1973 ss.5, 7, 16, 18, 21, 25. Strata Schemes Management Act 1996 ss.11, 12, 13, 43, 44, 47, 49, 53, 55, 154, 245, Dictionary. Ashington Holdings Pty. Ltd. v. Wipema Services Pty. Ltd. (No.2) (1998) 9 BPR 16,515 at 16,518-20. CASES CITED : Burchard v. Holyroyd Municipal Council (1984) 2 NSWLR 164. Hurlfite Pty. Ltd. v. Coles Myer Limited (1990) NSW Conv.R. 55-515. DECISION : See end of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
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