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Daryhan Pty Ltd v Seadog Pty Ltd [1999] VSC 539 | Case summary | Zoe

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Home/Cases/[1999] VSC 539

VICVSC

Daryhan Pty Ltd v Seadog Pty Ltd [1999] VSC 539

[1999] VSC 539

Supreme Court of Victoria|1999-12-22|Before: McDonald J

View original source

At a glance

Source facts

Court

Supreme Court of Victoria

Decision date

1999-12-22

Before

McDonald J

Source

Original judgment source is linked above.

Plain-English guides

Victorian owners corporation disputes: internal complaint, DSCV, VCATVictoria

Judgment (5 paragraphs)

[1]

For the reasons stated, the declaration sought by the plaintiff by paragraph "A" of its prayers for relief must be refused. Again, it follows that as a consequence of the conclusions that I have reached, as referred to, the plaintiff is not entitled to any other or further relief claimed by in its statement of claim.

[2]

The proceedings of the plaintiff against each defendant must be dismissed.

[3]

[1] [1932] HCA 9; (1932) 47 CLR 1

[4]

[2] (1979) 141 CLR 672 Mason J at 678

[5]

[3] [1991] HCA 21; (1991) 172 CLR 1 McHugh J at 24

Parties

Applicant/Plaintiff:

Daryhan Pty Ltd

Respondent/Defendant:

Seadog Pty Ltd [1999] VSC 539

Legislation Cited (5)

Titles Act 1974

Strata Title Act 1967

Subdivision Act 1989

Subdivision (Body Corporate) Regulations 1989

Cluster Titles Act 1994

Cases Cited (4)

(1932) 47 CLR 1

(1979) 141 CLR 672

(1991) 172 CLR 1