Jordan v Van Schoubroeck

The case of Jordan v Van Schoubroeck involved a dispute between the appellant and the respondent regarding the ownership of balconies within a strata titled property. The matter originated in the District Court, where the Commissioner dismissed the appellant's appeal against a determination made by the Strata Titles Referee. The crux of the dispute was whether the balconies formed part of the common property under the Strata Titles Act 1966. The appellant argued that the balconies were not included in the common property, while the respondent contended that they were.

The court was required to determine whether the balconies were properly classified as common property, as per the statutory definition in section 5(1) of the Strata Titles Act 1966. The court needed to ascertain whether the boundaries of each lot, as depicted in the strata plan, included the balconies. The resolution of this issue was pivotal, as it would dictate the extent of ownership and the responsibilities of the parties concerning the maintenance and use of the balconies.

In its reasoning, the court found that the determination of the boundaries of each lot, including the balconies, must be based on the strata plan. The court held that the interpretation of the strata plan was a question of law and fact, which the Commissioner had not properly addressed. Consequently, the court set aside the order of the Commissioner and allowed the appeal. The matter was remitted to the District Court for a further hearing to correctly determine the boundaries and the status of the balconies within the strata titled property.