Brierley v Proprietors of Strata Plan No 38936

In this case, Brierley, the owner of a unit in a strata titled building, applied to the Supreme Court of Queensland to amend a consent order made by the court in 2012. The consent order had been made in relation to the dispute over the boundaries between Brierley's unit and an adjacent unit owned by the proprietors of Strata Plan No 38936. The court was asked to decide whether the application to amend the consent order should be granted. The legal issues that arose were whether the application was brought within a reasonable time, and whether the consent order was ambiguous, uncertain, or erroneous. The court found that the application was brought within a reasonable time and that the consent order was ambiguous and uncertain. The court also found that the ambiguity arose from the fact that the consent order did not provide a clear description of the boundaries between the two units. The court concluded that the consent order was not capable of being performed and should be amended to provide a clear description of the boundaries. The court made an order amending the consent order to provide a clear description of the boundaries between the two units.

The final orders made by the court were that the application to amend the consent order was granted and that the consent order was amended to provide a clear description of the boundaries between the two units. The court also ordered that the costs of the application be paid by the proprietors of Strata Plan No 38936.