The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd

The Owners-Strata Plan 934, acting through the Trustees of the Strata Plan, sought an order to vary a strata renewal plan for the redevelopment of Strata Renewal Plan 934. The application was made against T&P Chimes Development Pty Ltd and was heard by the Supreme Court of New South Wales. The dispute centred on the proposed variation to Annexure B of the strata renewal plan, specifically the adjustment of the purchase price for lot 19 to match that of lot 18. The applicant argued that this variation was necessary to comply with a non-publication order and to ensure equitable treatment of the lot owners.

The legal issues before the court involved the interpretation and application of section 182(3)(b) of the Strata Schemes Development Act 2015 (NSW) and the procedural requirements under the Act for varying a strata renewal plan. The court needed to determine whether the applicant had met the statutory obligations in seeking consent from the lot owners for the proposed variation and whether the variation itself was justified. The court also had to consider the implications of the non-publication order on the strata renewal plan and the rights of the lot owners.

In its decision, the court found that the applicant had not fully complied with the statutory requirement to obtain written agreement from the lot owners before seeking the variation. The court emphasised the importance of the consent process and the need for the applicant to adhere to the prescribed procedures. It held that the applicant needed to seek written agreement from the lot owners for the variation before proceeding further. The court ordered the applicant to seek the necessary agreements within 28 days and to file evidence of such agreements. The matter was listed for final orders to be made after the agreement period, with the parties required to submit written submissions and further evidence. The applicant was granted general liberty to apply for further orders if necessary.

The court's orders mandated the applicant to seek written consent from the lot owners for the proposed variation of the strata renewal plan and to file evidence of such consent within a specified timeframe. The matter was to be reviewed for final orders, and the parties were required to submit written submissions and any relevant evidence. The applicant was also granted the liberty to apply for further orders if necessary.