THE OWNERS - STRATA PLAN 78102 V THE OWNERS - STRATA PLAN 78101 & ORS [2010] NSWSC 973

New South Wales Supreme Court

CITATION : THE OWNERS - STRATA PLAN 78102 V THE OWNERS - STRATA PLAN 78101 & ORS [2010] NSWSC 973

HEARING DATE(S) : 25 June 2010

JUDGMENT DATE : 1 September 2010

JURISDICTION : Equity

JUDGMENT OF : Bergin CJ in Eq

DECISION : Listed on 8 October 2010 at 10.00am. Costs reserved.

CATCHWORDS : STRATA MANAGEMENT – building with mixed commercial and residential – two Owners Corporations sharing costs for shared facilities – obligations in relation to determining shared costs – STRATA MANAGEMENT STATEMENTS (SMS) – whether dispute has arisen regarding proportions of shared costs – appointment of Expert under dispute resolution mechanism – conduct of parties – whether implied term – amendment of SMS – whether in circumstances Court should appoint Expert

LEGISLATION CITED : Strata Schemes (Freehold Development) Act 1973 Strata Schemes Management Act 1996

BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Bratton Seymour Service Co Ltd v Oxborough [1992] BCLC 693 Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; (1982) 149 CLR 337 CASES CITED : Idya Pty Limited v Anastasiou [2008] NSWCA 102 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1 Stanham v National Trust of Aust (New South Wales) (1989) 15 ACLR 87 The Owners Corporation Strata Plan 70672 v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2009] NSWSC 1283 Westfield Management Limited v Perpetual Trustee Company Limited (2007) 233 CLR 528

The Owners – Strata Plan 78102 (Plaintiff) The Owners – Strata Plan 78101 (First Defendant) PARTIES : Anne Catherine Van Veen (Thirteenth Defendant) Vedna Rajni Jivan (Thirty-Fifth Defendant) and forty-three other defendants named in the Schedule to the Amended Statement of Claim