Zhu v The Owners - Strata Plan No 51933

Case

[2019] NSWCATCD 4

10 January 2019


Details
AGLC Case Decision Date
Zhu v The Owners - Strata Plan No 51933 [2019] NSWCATCD 4 [2019] NSWCATCD 4 10 January 2019

CaseChat Overview and Summary

Zhu sought a reallocation of unit entitlements in Strata Plan No 51933, arguing that the initial allocation was unreasonable. The Owners Corporation opposed the application. The dispute was heard by the Civil and Administrative Tribunal of New South Wales. The Tribunal was required to determine whether the initial allocation was unreasonable and, if so, what method should be used to determine the new allocation. The Tribunal considered the evidence and arguments presented by both parties and concluded that the initial allocation was indeed unreasonable. It held that the valuers method of valuation should be used to determine the new allocation. The Tribunal issued orders for the reallocation of unit entitlements according to the valuation report of Brett Smith of McLennan Steege Smith dated 15 June 2018. The Owners Corporation was required to take all necessary steps to lodge the orders with the Registrar-General of the Land and Property Management Authority and to record them on the common property title. The Owners Corporation was also required to inform each Lot Owner in writing of the lodgement of the orders within seven days.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Adverse Possession

  • Strata Title

  • Reallocation of Unit Entitlements