The Owners – Strata Plan 6877 v 2 – 4 Lachlan Avenue Pty Ltd [2018] NSWLEC 13

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 6877 v 2 – 4 Lachlan Avenue Pty Ltd [2018] NSWLEC 13 Hearing dates: 9 February 2018 Decision date: 19 February 2018 Jurisdiction: Class 3 Before: Molesworth AJ Decision: See orders at [45] and [46]. Order made to join dissenting owner; order made to join supporting purchaser/developer, order made to amend name of Applicant and consequently the title of the proceedings; order for costs considered; and other directions. Catchwords: PRACTICE AND PROCEDURE – whether to join dissenting owner and/or supporting purchaser/developer to proceedings – designation of respondents – name of Applicant and title of proceedings amended – name of dissenting owner amended – whether conciliation under s 34 of the Land and Environment Court Act 1979 applicable. Legislation Cited: Strata Schemes Development Act 2015, ss 4, 178, 179, 180, 181, 188 Strata Scheme Development Regulation 2016 Strata Schemes Management Act 2015 s 4, 8 Justice Legislation Amendment Bill (No 2) 2017 Sch1, cl 1.23 Land and Environment Court Act 1979 s 34 Uniform Civil Procedure Rules 2005, r 6.24 Category: Procedural and other rulings Parties: The Owners – Strata Plan 6877 (Applicant) 2 – 4 Lachlan Avenue Pty Ltd ACN 600 655 156 (Respondent (Dissenting Owner)) GSA Australia Acquisition No. 2 Pty Ltd (ACN 616 364 400) (Respondent (Supporting Purchaser)) Representation: Counsel: Mr Scott Nash (Applicant) Mr Daniel Russell (Respondent (Dissenting Owner)) Ms Janet McKelvey (Respondent (Supporting Purchaser))