Sharks Residential Pty Ltd v The Owners – Strata Plan No. 97194 [2019] NSWCATCD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sharks Residential Pty Ltd v The Owners – Strata Plan No. 97194 [2019] NSWCATCD 20 Hearing dates: 19 March 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: Pursuant to Section 63 of the Civil and Administrative Tribunal Act 2013, orders published on 2 April 2019 are amended on 30 April 2019 to read as follows:

1. The Tribunal finds the allocation of unit entitlements upon registration of strata plan 97194 was unreasonable as at the registration date of 19 March 2018 and makes an order under section 236 of the Strata Schemes Management Act 2015 (NSW) to allocate the unit entitlements of the lots in strata plan 97194 as stated in the schedule prepared by the licenced valuer and attached to this document.

2. The reallocation of unit entitlements is to take effect from the date that the next levy is payable by the owners.

3. The Registrar is directed to provide the applicant with a certified copy of the above order to enable registration to be effected in the NSW Land Registry Services.

4. The remainder of the application is dismissed. Catchwords: Unit Entitlement – unreasonable allocation Legislation Cited: Strata Schemes Management Act 2015 Category: Principal judgment Parties: Sharks Residential Pty Ltd (Applicant) The Owners – Strata Plan No. 97194 (Respondent) Representation: Sparke Helmore (Applicant) Grace Lawyers (Respondent) File Number(s): SC 18/36500 Publication restriction: Nil