Background: Chi Yan Hui, the owner of the penthouse (Strata Lot 60) in the Erickson building, contested an order dismissing an application to strike proceedings as an abuse of process. The dispute centered on a common area (L-2 Amenity Space) shown as limited common property for Hui's exclusive use, contrary to the development permit requiring it to be common property for all residents.

Legal Arguments/Issues: Hui argued that the petition to rectify the strata plan was a collateral attack on a previous decision by the Registrar of Land Titles, who found no error in the strata plan. The Strata Corporation sought rectification based on an alleged unilateral mistake, claiming the developer intentionally filed a non-compliant strata plan.

The primary legal issues were:

• Whether the chambers judge erred in not striking the petition as an abuse of process.
• The extent of the Registrar’s jurisdiction versus the court’s jurisdiction in rectifying strata plans.

Court Findings: The Court of Appeal held that:

• The Registrar and the court have different jurisdictions; the Registrar's is limited, while the court's is broader.
• The petition was not a collateral attack since it engaged different legal tests and jurisdictions.

The court dismissed Hui’s appeal, supporting the lower court’s decision to proceed with the Strata Corporation’s petition for rectification.

Costs/Award: The document did not specify the total amount of costs or any award in favor of the successful party.