Butt v The Owners Strata Plan No 71715

The applicant, Butt, filed an application against the respondents, the owners of Strata Plan No 71715, with the NSW Civil and Administrative Tribunal. The applicant sought an order that they were the registered owner of Lot 2 on the first floor of the subject strata plan. The respondents denied the applicant's claim and counterclaimed for a declaration that the applicant was not the registered owner of the lot, and for an order that the applicant vacate the premises. The dispute hinged on the interpretation of section 232 of the Strata Schemes Management Act 2015 (NSW) and its implications for the ownership of a strata lot.

The primary legal issue before the Tribunal was the scope and meaning of section 232 of the Act. Specifically, whether this provision precluded a person from asserting a claim to ownership of a strata lot through adverse possession or otherwise, when that person's name did not appear on the register of titles. The Tribunal was required to determine whether the statutory provisions of the Act precluded the applicant from claiming ownership of the strata lot through adverse possession, and whether the applicant's name could be added to the register of titles.

In dismissing the application, the Tribunal found that section 232 of the Act precluded the applicant from claiming ownership of the strata lot through adverse possession. The Tribunal held that the statutory provisions of the Act were clear and unambiguous, and that the applicant's name could not be added to the register of titles without the consent of the current registered owner. The Tribunal noted that the Act provided a clear and accessible process for dealing with disputes over strata titles, and that it was not appropriate for the court to depart from the statutory provisions. The Tribunal also found that the applicant had not established a valid claim to ownership of the strata lot through adverse possession.

The Tribunal dismissed the application and reserved costs. If the respondents sought costs, they were required to file and serve submissions on or before 8 November 2023. The applicant could respond on or before 22 November 2023, and the respondents could reply on or before 29 November 2023. The Tribunal proposed to determine the issue of costs on the papers and without a hearing, unless either party opposed that course. The Tribunal limited the submissions to 5 pages and required that they identify the relevant costs rule.