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Posted 02 May 2018
Category: Strata, Urban Renewal
Developers proposing projects involving strata renewal plans face a crystal ball gazing exercise. They need to predict the requirements and attitudes of the Court considering an application for orders implementing a strata renewal plan. The difficulty is the novelty of these applications, with little judicial guidance at this stage.
The Land and Environment Court has provided some guidance, including:
These suggest that:
A number of big questions in respect of which we still await guidance from the Court include:
means that all lot owners receive the same relocation costs and additional amounts, whether or not they are appropriate.
There is still uncertainty in this area, which needs to be followed closely and needs further clarification from the Courts.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.