David and Edith Younger v The Owners- Strata Plan No 57504 [2014] NSWCATCD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: David and Edith Younger v The Owners- Strata Plan No 57504 [2014] NSWCATCD 142 Decision date: 18 August 2014 Before: J A Ringrose, General Member Decision: 1. The application to re-allocate unit entitlements is dismissed pursuant to s 185(3) of the Act. 2. Each party is to bear their own costs of the application Catchwords: Re-allocation of unit entitlement Legislation Cited: Strata Schemes Management Act 1996 s 183 Cases Cited: Makita (Australia) Pty Limited v Sprowles (2001) NSWCA 305 Riana Pty Limited v the Owners - Strata Plan Number 22336 (2007) NSWSC 3 Category: Principal judgment Parties: David and Edith Younger (applicants) Representation: J S Meuller & Co for the applicant Doyle Edwards Anderson, Lawyers for the respondent File Number(s): SCS 13/16366 Publication restriction: Nil

REASONS FOR DECISION

BACKGROUND 1The applicants are the owners of lot 113 in Strata Plan 57504 in respect of premises located at 199 Regent Street, Redfern 2016. The original Strata Plan Number 57504 was registered on 15 July 1998. On 13 November 2001 a plan of sub-division number SP66863 was registered and the effect of that plan was to add lot 114 to the strata complex. Lot 114 initially comprised a common property plant room. At the time of registration of Strata Plan 66863 the surveyor preparing the plan decided to re-use the unit entitlement allocations of lots1- 113 from Strata Plan 57504 and to then add a unit entitlement for the additional lot 114. The complex comprises 112 residential units and two commercial units, namely lots 112 and 113. It would appear that the applicants acquired lot 113 in about August 2000.