The Owners – Strata Plan No 58872 v Bridgewater Pty Ltd [2018] NSWSC 1559

Supreme Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No 58872 v Bridgewater Pty Ltd [2018] NSWSC 1559 Hearing dates: 26 September 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Equity Before: Darke J Decision: Plaintiff's claim that property is held for it on constructive trust not made out. Catchwords: EQUITY – constructive trusts – block of apartments converted from company title to strata title – separate lot created for parking space upon creation of Owners Corporation – all shareholders in company relinquished shares in exchange for strata title except for two shareholders – the company remains the registered proprietor of the parking space – question whether there was a common intention between company and its shareholders that the benefit of the parking space would flow to the Owners Corporation – whether company holds title to parking space upon a constructive trust – no common intention established Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bahr v Nicolay (No 2) (1988) 164 CLR 604 Pallant v Morgan [1953] Ch 43 Category: Principal judgment Parties: The Owners – Strata Plan No 58872 (Plaintiff) Bridgewater Pty Ltd (First Defendant) Peter Michael Lubrano (Second Defendant) Representation: Counsel: Dr C J Birch SC (Plaintiff) Mr D A Savage QC (Defendants)

Solicitors: Le Page Lawyers (Plaintiff) Rankin Ellison Lawyers (Defendants) File Number(s): 2017/295135 Publication restriction: None