Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11:

1. On 26 March 2025, I made orders pursuant to s 182(1) of the Strata Schemes Development Act 2015 (NSW) (SSD Act) to give effect to the strata renewal plan, as varied by the Court, for the redevelopment of Strata Plan 934 dated 2 March 2023 (the strata renewal plan) prepared for the property comprising lots 1 to 107 and common property in Strata Plan 934, being the whole of the property known as 45-53 Macleay Street, Potts Point, NSW 2011 (the building). On 2 April 2025, I published my reasons for the decision: The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd (No 2) (the strata renewal plan judgment). [1]

2. Relevantly, orders (3) to (7) of the strata renewal plan judgment were in the following terms (the 26 March 2025 orders):

(3) Pursuant to s 182(2) of the Strata Schemes Development Act 2015 (NSW) (SSD Act), Annexure B to the strata renewal plan for the redevelopment of Strata Plan No 934 dated 2 March 2023 (the strata renewal plan) is varied in relation to lot 19 to increase the purchase price for that lot to the amount of $1,400,000.

(4) Pursuant to ss 182(1) and (2) of SSD Act, the strata renewal plan as varied by the Court under order 3 is given effect.

(5) Pursuant to s 183(2) of the SSD Act, the applicant is to lodge a copy of the Court's order for registration with Land Registry Services within 7 days of these orders.

(6) Pursuant to s 185(2) of the SSD Act and in accordance with the orders that follow, the owner of Lot 19 in Strata Plan No 934, Ms Anastasia Moesses must sell her lot to the first respondent in accordance with the strata renewal plan and orders for a purchase price of $1,400,000.

(7) The owner of lot 19 in Strata Plan No 934 must, within 5 business days of being notified that the Registrar General has recorded these orders on the folio of the common property and each lot in Strata Plan 934, exchange a contract for the sale of land in accordance with Annexure A to the strata renewal plan and in the amount of $1,400,000.

On 8 May 2025, T&P Chimes Development Pty Ltd, the first respondent in the Class 3 proceedings (applicant on the motion) filed a notice of motion seeking orders pursuant to s 186 of the SSD Act against the owner of lot 19 in Strata Plan 934 (the property), Ms Anastasia Moesses (the respondent to the motion), that a trustee be appointed for lot 19 to enable its sale in accordance with the strata renewal plan judgment. The orders sought by the applicant on the motion are as follows:

1) Mitchell Griffiths of Rapsey Griffiths Turnaround and Advisory is appointed as trustee for the sale of Lot 19 Strata Plan 934 (the Property).

2) The Property is, from the date of these orders, vested in the trustee subject to any encumbrances affecting the entirety thereof to be held by the trustee upon trust for sale.

3) The trustee is to exercise the obligations as owner of the Property pursuant to the orders made by this Court in the proceedings on 26 March 2025 giving effect to the strata renewal plan and for the sale of the Property to T&P Chimes Development Pty Ltd

4) Anastasia Moesses is to pay the First Respondent's costs of this application, and the trustee is authorised to pay such costs on behalf of Ms Moesses from the proceeds of sale of the Property.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1975c6a8da49b88df5aeecaa)

Disclaimer: Curated by HT Syndication.