Trentelman v The Owners – Strata Plan No 76700

(2021) 106 NSWLR 227; [2021] NSWCA 242

NSW Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Proprietary estoppel
3. › Encouragement
4. › Nature of promise
5. › Strata title
6. › Promise of easement
7. › Whether representation sufficiently clear
8. › Where representation made at general meeting
9. › Where representation did not define the interest in property the representee was expected to receive
10. › Where further documentation was required to give effect to the representation
1. Estoppel
2. › Proprietary estoppel
3. › Encouragement
4. › Detrimental reliance
5. › Strata title
6. › Whether reliance was that of the owners corporation
7. › Strata Schemes Management Act 1996 (NSW) s 21(2)
8. › Strata Schemes Management Act 2015 (NSW) ss 8, 254
1. Estoppel
2. › Proprietary estoppel
3. › Encouragement
4. › Detrimental reliance
5. › Whether evidence indicated that the representation was such that the conduct of the lot holders was sufficiently influenced by the representation
1. Real Property
2. › Strata title
3. › Owners corporation
4. › Relationship between owners corporation and lot holders
5. › Whether owners corporation holds common property as trustee or analogous to trustee
6. › Strata Schemes Management Act 2015 (NSW) s 28
7. › Strata Schemes Development Act 2015 (NSW) s 28

Quick Take

Representations made at general meetings can found proprietary estoppel claims by the owners corporation, even where the precise legal form of the promised interest is not specified, and s 254 of the Strata Schemes Management Act 2015 (NSW) is broadly construed to permit the owners corporation to bring such claims without joining individual lot holders.