45-53 Macleay Street

LAND LAW — Strata title — Common property — Whether owners corporation could develop common property in a way which would impede owner’s reasonable access to lot used as car space — Strata Schemes Development Act 2015 (NSW) s 28 — Strata Schemes Management Act 2015 (NSW) ss 106 and 153 LAND LAW — Declarations — Utility — Whether sufficiently defined dispute

LAND LAW – strata title – notice of motion – Strata Schemes Development Act 2015 (NSW) – ancillary orders – appointment of a trustee for the sale of an owner’s lot

LAND LAW — strata title — strata plan — proposed variations to strata renewal plan for redevelopment — whether proposed variation is of a minor nature that does not affect the plan in any substantial way — s 182 of the Strata Schemes Development Act 2015 (NSW) — whether proposed variation to the proposed sale price of a lot is “just and equitable in all the circumstances” — cl 36 of the Strata Schemes Development Regulation 2016 (NSW)

LAND LAW — strata title — strata renewal plan for redevelopment — Strata Schemes Development Act 2015 (NSW) — one dissenting owner not a party to the proceedings — strata renewal plan given effect

COSTS - Party/Party - Exceptions to general rule that costs follow the event - Whether Strata Schemes Management Act 2015 (NSW) made adequate provision for the enforcement of rights or remedies which plaintiff sought to enforce in Supreme Court – Application to Supreme Court for declarations to be discouraged where relief to the same effect available in NCAT - Strata Schemes Management Act 2015 (NSW), s 253