Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 (1 July 2014)

ADMINISTRATIVE LAW – judicial review – error of law – tribunal declined to reallocate unit entitlements in strata scheme – appeal to District Court – remittal to tribunal ordered on the basis that there was a failure to give reasons – whether an error of law disclosed in requiring the issue of control of strata scheme management to be considered on remittal

REAL PROPERTY – strata titles – management and control – allocation of unit entitlements – power to reallocate units entitlements if original allocation considered unreasonable – relevant considerations – whether the only relevant consideration is “the respective values of lots” – whether control of strata scheme management by a lot is a relevant consideration – Strata Schemes Management Act 1996 (NSW), s 183

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2014/208.html