The Owners - Strata Plan 6666 v GSA Australia Acquisition No 2 Pty Ltd and Kahu Holdings Pty Ltd; ; The Owners - Strata Plan 6877 v GSA Australia Acquisition No 2 Pty Ltd and 2-4 Lachlan Avenue Pty Ltd [2018] NSWLEC 115

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan 6666 v GSA Australia Acquisition No 2 Pty Ltd and Kahu Holdings Pty Ltd; ; The Owners - Strata Plan 6877 v GSA Australia Acquisition No 2 Pty Ltd and 2-4 Lachlan Avenue Pty Ltd [2018] NSWLEC 115 Hearing dates: 3 August 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Class 3 Before: Moore J Decision: Orders at [80] and case management direction at [81] Catchwords: STRATA REDEVELOPMENT SCHEMES - strata redevelopment schemes for adjacent properties - common acquiring purchaser - dissenting owners in each scheme - whether proceedings should be heard together on application of acquiring purchaser - application supported by the owners' corporations of each strata plan - applications opposed by each dissenting purchaser - matter involving Strata Plan 6666 already set down for hearing for seven days commencing on 5 November 2018 - preferred counsel and town planning expert for dissenting owner in Strata Plan 6877 not available for these hearing dates - consideration of likely coincidence of issues - objective of the "just, quick and cheap" disposition of the issues genuinely in dispute - balancing of efficient allocation of court resources with the convenience of counsel and experts - limited preparation for trial to date in either matter - availability of trial judge for further four continuous sitting days if needed - not appropriate to set matters down to be heard together - however, appropriate to set matters down in the allocated hearing period with common commencing time - intensive case management appropriate to ensure common issues (as relevant) are heard together - both matters set down to commence on 5 November 2018 - direction for immediate case management conference. Legislation Cited: Civil Procedure Act 2005, s 56 Land and Environment Court Act 1979, ss 30(1)(a), 34, 36(1) Strata Schemes Development Act 2015, ss, 154, 181, 182(1) Strata Schemes Management Act 2015 Cases Cited: The Owners - Strata Plan 6666 v Kahu Holdings Pty Ltd [2018] NSWLEC 15 The Owners - Strata Plan 6877 v 2 - 4 Lachlan Avenue Pty Ltd [2018] NSWLEC 13 Category: Procedural and other rulings Parties: The Owners - Strata Plan 6666 (Applicant in Matter No 384761 of 2017 and First Respondent on the motion in this matter) The Owners - Strata Plan 6877 (Applicant in Matter No 384700 of 2017 and First Respondent on the motion in this matter)