Is the lot liability ‘just and equitable’?

Two lot owners applied to the Tribunal to have the lot entitlement and liability of the subdivision amended.  Lot entitlement affects voting rights within the OC; lot liability determines the amount of OC expenses a lot will have to contribute. The Tribunal made orders to amend the lot entitlement and liabilities.  The owner of one of the lots disputed the new lot liabilities and appealed the Tribunal’s decision to the Supreme Court. In dismissing the appeal in The Concept Developer Pty Ltd v Conroy and ors [2015] VSC 464, Dixon J discussed how the test for ‘just and equitable’ lot liabilities is to be applied.

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