The Owners Strata Plan No. 73943 -v- 2 Elizabeth Bay Road Pty Ltd [2013] NSWSC 1769

The Owners Strata Plan No. 73943 -v- 2 Elizabeth Bay Road Pty Ltd [2013] NSWSC 1769

Proceedings commenced without prior compliance with s 80D(1) of the Strata Schemes Management Act 1996 (NSW) are not a nullity; the statutory inhibition can be removed by a subsequent resolution of the owners corporation passed within a reasonable time, thereby ratifying and authorising the proceedings retrospectively.

Jurisdiction
Australia
Judgment Date
29 November 2013
Procedural Posture
Procedural Motion Within Ongoing Civil Proceedings / Motion to Strike Out or Dismiss Proceedings
Outcome
Motion dismissed with costs
Legal Topics
['strata Schemes' 'authority to Commence Proceedings' 'ratification' 'nullity' 'statutory Compliance']
['civil Procedure' 'statutory Interpretation' 'property Law'] ['strata Schemes' 'authority to Commence Proceedings' 'ratification' 'nullity' 'statutory Compliance']

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Procedural Posture

Procedural Motion Within Ongoing Civil Proceedings / Motion to Strike Out or Dismiss Proceedings

Legal Issues

  1. 1 ['Are proceedings commenced without prior compliance with s 80D(1) of the Strata Schemes Management Act 1996 (NSW) a nullity?' 'If not, can the statutory inhibition imposed by s 80D(1) be lifted by a subsequent resolution of the owners corporation?' 'Was the subsequent resolution passed within a reasonable time?']

Ratio Decidendi

Proceedings commenced without prior compliance with s 80D(1) of the Strata Schemes Management Act 1996 (NSW) are not a nullity; the statutory inhibition can be removed by a subsequent resolution of the owners corporation passed within a reasonable time, thereby ratifying and authorising the proceedings retrospectively.

Court Disposition

Motion dismissed with costs

Orders

  • ['The motion is dismissed with costs.' 'Matter stood over to a convenient date for further directions.']