STRATA SCHEMES - by-laws - by-law conferring exclusive use of common property in favour of entity who is not a lot owner - whether by-law may be made pursuant to general power of the body corporate to manage the common property - Strata Titles Act 1973 (NSW) s 58 - Strata Schemes Management Act 1996 (NSW) s 47
RETIREMENT VILLAGES - whether lot in a strata scheme used as a retirement village - no contractual relationship between owner of lot and operator of retirement village - Retirement Villages Act 1999 (NSW) s 24A
REMEDIES - declarations - discretion to withhold relief - availability of alternative remedies - inordinate delay - detriment
Case Details
Citation[2014] NSWSC 1260
CourtNSWSC
JurisdictionNew South Wales
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