Massons

Strata Renewal & Collective Sales: news from the Land & Environment Court

Written by Leisha de Aboitiz on March 29, 2018

Massons are tracking the progress of two related strata renewals which are currently being considered by the Land & Environment Court. They relate to the acquisition of 2 x strata schemes sitting side by side in Macquarie Park. The proceedings are only in the initial stages. To date, there have been some interlocutory proceedings regarding applications for dissenting owners and the purchaser/developer to be joined to the proceedings and related cost considerations. The outcome of the interlocutory proceedings are not particularly surprising – all parties were joined and it was held that the owners corporation would be required to meet the costs incurred by the dissenting owner in bringing the Notice of Motion (per s188 of the SSDA). It will be interesting to watch this test case unfold.

You can read the decisions on the NSW Caselaw website here:

https://www.caselaw.nsw.gov.au/decision/5a8a56c7e4b087b8baa8643a

https://www.caselaw.nsw.gov.au/decision/5a8a1f62e4b058596cbae49b

 

Insights

Location or amenities: leveraging the benefits of your commercial listing

To assist in leveraging the benefits of commercial listings, the REINSW has recently published an article in which our Ole Mitrevski provides some insights into what businesses prioritise when looking for commercial space

Read the article here – Locations or amenities: leveraging the benefits of your commercial listing

February 15, 2019

Adverse Possession

Our very own Ben Malone recently appeared on ABCNews24 last week chatting all things “adverse possession”.  This was a hot topic in the press following a very interesting (and unusual) adverse possession case relating to a property in the Inner West in NSW (see article in the link below for more details):

Sydney property developer awarded home under squatting laws

November 5, 2018

Strata Renewal update

The Owners – Strata Plan 49574 v Scorpio Holdings (Aust) Pty Ltd & Ors

Another strata renewal hits the Land & Environment Court, and it becomes apparent that:

  • a security for costs application under rule 42.21 of the UCPR will not be available to a dissenting lot owner in strata renewal proceedings; and
  • – applicants are entitled to require dissenting owners to properly “state their case” and provide particulars of compensation early in the proceedings

Read the full case here – https://www.caselaw.nsw.gov.au/decision/5ad6918fe4b074a7c6e1e417

 

 

 

May 4, 2018

Doyle's Guide - 2018

We are delighted that Massons has been listed in the Doyle’s Guide of “Leading Property & Real Estate Law Firms – NSW, 2018 and that both of our partners, Jodie Masson and Leisha de Aboitiz have been listed as “Leading Property & Real Estate Lawyers – NSW, 2018”. Doyle’s Guide is compiled using “online peer-based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies” so a big THANK YOU must go out to our wonderful clients and our respected peers in the legal industry – thank you!

http://doylesguide.com/leading-property-real-estate-lawyers-nsw-2018/

http://doylesguide.com/leading-leasing-lawyers-new-south-wales-2018/

Leading Property & Real Estate Law Firms – NSW, 2018

April 23, 2018

Australia's commercial property law experts

Enquiries

Phone: +61 2 8923 0900
Email: property@massons.com