Owners Corporation Strata Plan 533 v Random Primer Pty Ltd

The dispute in this matter concerned an owners corporation, Owners Corporation Strata Plan 533 (the appellant), and Random Primer Pty Ltd (the respondent). The core of the disagreement revolved around the respondent's proposed development, which the appellant alleged constituted a substantial interference with its rights under an easement. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the respondent's refusal to consent to the making of a development application, which was required under s 23(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), constituted a substantial interference with the appellant's rights. This question arose in the context of the appellant's proposal to extend the width of a driveway on its own land, which would necessitate drivers from the servient tenement crossing onto the dominant owner's land.

The Court of Appeal considered whether the respondent's refusal to consent to the development application amounted to a substantial interference with the appellant's rights. The court determined that the respondent's actions did not constitute a substantial interference. The court granted the appellant leave to file an amended notice of appeal and granted leave to appeal to the extent necessary, but ultimately dismissed the appeal. The court also made orders regarding the costs of the appeal and discharged a stay order previously made by Williams J.