Meriton Apartments Pty Limited v The Owners Strata Plan No. 72381 [2015] NSWSC 202

Supreme Court New South Wales

Medium Neutral Citation: Meriton Apartments Pty Limited v The Owners Strata Plan No. 72381 [2015] NSWSC 202 Hearing dates: 8, 9, 10, 11, 14 & 15 October 2013, 4 April 2014 (completion of post-hearing written submissions and judgment reserved ) Date of orders: 13 March 2015 Decision date: 13 March 2015 Jurisdiction: Common Law Before: Slattery J Decision: See paragraphs [496] of judgment. Catchwords: CONTRACT – caretaker agreement made under the Strata Schemes Management Act 1996, Part 4A – caretaker appointed in 2004 to provide caretaking services to two strata schemes and one additional stratum lot of a commercial/residential building complex divided into 3 parts – the caretaker, the two owners corporations and the owner of the stratum lot are all parties to the caretaker agreement – one of the two owners corporations alleged breaches of the caretaker agreement and in July 2012 unilaterally acted to terminate the caretaker agreement – whether caretaker agreement binds owners corporation that did not formally execute it – whether parties intended contractual termination provision to exclude common law rights of termination – whether the caretaker was in "serious persistent and continuing" breach of the caretaker agreement, entitling the owners corporation to give a notice of termination thereunder – whether the owners corporation can act unilaterally to terminate the caretaker agreement for breach – whether the owners corporation has complied with the procedural requirements to entitle it to termination – whether agreement still on foot following repudiation – whether agreement may be specifically performed following repudiation – following repudiation whether innocent party may continue to perform contract and claim the whole of the promised contractual benefit – co-operation limitation – what damages flow from any alleged breach.