NSW Caselaw
New South Wales Supreme Court
CITATION : Jaynrees v Chauhan & Anor [2006] NSWSC 1109
HEARING DATE(S) : 6-7 July 2006
JUDGMENT DATE : 20 October 2006
JUDGMENT OF : Smart AJ at 1
DECISION : See para 63
CATCHWORDS : No questions of general principle involved - case turns on terms of particuilar documents of no general importance and particular facts
LEGISLATION CITED : Nil
CASES CITED : Nil
PARTIES : Jaynrees Services Pty Limited v Rama Chauhan & Anor.
FILE NUMBER(S) : SC 4774/05
COUNSEL : (P) Mr S Reuben (D) Mr B DeBuse
SOLICITORS : (P) Pitcher Walton & Co (D) McCooe Raves & Poole
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SMART AJ
Friday, 20 October 2006 4774/05: JAYNREES SERVICES PTY LIMITED (Jaynrees) v Rama CHAUHAN & Dexa CHAUHAN (the Chauhans) JUDGMENT 1 This dispute centres principally upon a balcony area known as exclusive use area (b) in a strata title building at 187 Kent Street, Sydney. The balcony area is at ground level, albeit slightly raised, and has a street frontage. Behind the balcony area and on the same level are two areas owned by Jaynrees which it wishes to lease for use as a licensed restaurant. Several prospective tenants have shown some interest but they prefer to have unchallenged exclusive use of the balcony and to use it in conjunction with other areas owned by the plaintiff (Lot 4). Without the balcony the rental which the plaintiff can achieve is appreciably less. The Chauhans are the owners of a nearby area in the building acquired from Jaynrees. That area is also at ground level, albeit slightly raised, and has a street frontage. It is known as Lot 3 and in that area the Chauhans conduct a café/coffee shop and takeaway business. Also involved is an area in the basement known as exclusive area (ad) but that is of lesser importance. It includes a storage area and a car parking space. The resolution of the dispute necessitates consideration of a series of documents and the provisions of the strata by-laws as well as a series of transactions.
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