28 HARBOUR STREET SYDNEY

COSTS – costs of failed application to reinstate appeal – fixed sum order

APPEAL – reinstatement after dismissal for non-appearance – principles to be applied where extension of time required COSTS – costs of appeal where dismissed but application not supported by submissions and of application to reinstate appeal

STRATA TITLES – Strata Management Scheme governing adjoining Strata Plans – Construction of Strata Management Scheme – Strata Management Scheme gave owners and occupiers of units in Serviced Apartment Strata Plan exclusive right with owners and occupiers of units in adjoining Residential Strata Plan to use recreation area in Residential Strata Plan’s common property – Owners corporation of Residential Strata Plan closed normal access route to recreation area – Alternative access routes to recreation area inferior to normal access route – Whether owners corporation of Residential Strata Plan entitled to close normal access route – Access route determined by objective intention at date of registration of Strata Plan – Questions of reasonableness and incidental rights - REAL PROPERTY – Right to use restricted area of adjoining property – Means of access to the area – Implied and incidental rights