The Owners Strata Plan Number 57164 v Yau

The Owners Strata Plan Number 57164 (Applicant) sought leave to appeal a decision made by the NSW Supreme Court (Respondent) concerning the interpretation of the Strata Schemes Management Act 2015 (NSW). The dispute arose from an issue regarding the ownership of a carpark, which was a common property item within the strata plan. The Applicant argued that the carpark should be considered as part of the common property, whereas the Respondent held that it was part of the lot and therefore the exclusive property of the owner of that lot.

The legal issues before the court were whether the proposed appeal was an appropriate vehicle for the Applicant to argue the issues of statutory construction and whether special leave to appeal should be granted. The central issue was the interpretation of the term "common property" as used in the Strata Schemes Management Act 2015 (NSW) and whether the carpark in question was included within this definition.

The court found that the proposed appeal was not a suitable vehicle for the agitation of the issues of statutory construction. The court held that the Applicant's primary focus was on the interpretation of the term "common property" and that the proposed appeal was not the appropriate means to address such a matter. As a result, the application for special leave to appeal was refused. The court directed the Registrar to draw up, sign and seal an order dismissing the application and permitted each party to file submissions regarding the costs of the application within seven days.