15 CRESCENT STREET FAIRLIGHT

COSTS: complex proceedings – no single clear “event” – principles to apply – apportionment – interest claimed – protections under the Strata Titles legislation.

DEVELOPMENT CONSENT: deeming of a development consent from a building approval granted in 1962 – residential flat building with common laundry/toilet facilities – whether the owners of Lot 15 are entitled to a complying development certificate approving the removal of the common facilities and/or entitled to exclude other lot owners from using those facilities – whether the complying development certificate authorising those works is valid – failure to obtain “owner’s consent” from owners’ corporation – failure of Council to inspect before approval. REAL PROPERTY: common facilities not depicted on registered strata plan – space occupied by the common facilities is shown as part of “Lot 15” – rectification. RES JUDICATA: earlier proceedings brought by applicant in CTTT determined that the common facilities were located “wholly on Lot 15” – whether common property impacted by development – is applicant now estopped from asserting that “owner’s consent” was required in respect of complying development certificate authorising the removal of the facilities – whether decision of “Adjudicator” under the Strata Scheme Management Act 1996 can give rise to estoppel.