Sahade v The Owners - Strata Plan 62022

[2014] NSWCA 208

NSW Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Strata titles
3. › Management and control
4. › Allocation of unit entitlements
5. › Power to reallocate unit entitlements if original allocation considered unreasonable
6. › Whether the only relevant consideration is 'the respective values of lots'
7. › Whether control of strata scheme management by a lot holder is a relevant consideration
8. › Strata Schemes Management Act 1996 (NSW), s 183
1. Administrative Law
2. › Judicial review
3. › Error of law
4. › Relevant considerations
5. › Whether by implication from subject-matter, scope and purpose of Act a factor is mandatory or permissible
6. › Tribunal declined to reallocate unit entitlements in strata scheme
7. › Whether failure to give reasons constituted error of law
1. Administrative Law
2. › Judicial review
3. › Remittal to tribunal
4. › Appropriate form of orders on remittal
5. › Effect of wrong statutory basis for appellate jurisdiction on form of order
6. › Strata Schemes Management Act 1996 (NSW), s 200
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 59(2)

Quick Take

When the Tribunal exercises its discretion under s 183(1) of the Strata Schemes Management Act 1996 (NSW) to reallocate unit entitlements, it is entitled to take into account the effect of the proposed reallocation on the control of the owners' corporation, including whether it would confer on one lot holder a level of control not previously enjoyed or create the potential for deadlock. The 'respective values of the lots' under s 183(3) is a fundamental but not exclusive consideration. The meaning of 'value' in s 183(3) — whether market value or land value — was left open.