Tan v The Owners - Strata Plan 22014 [2014] NSWSC 1660

Tan v The Owners - Strata Plan 22014 [2014] NSWSC 1660

There is a serious question to be tried as to the validity of the Executive Committee's resolution and the solicitor's authority, justifying a short interim restraint on payments under the disputed orders pending final determination.

Parties
First Plaintiff: Patrick Tian Keng Tan; Second Plaintiff: Ian Peterson Walters; Third Plaintiff: Rose Sok Kio Tan; First Defendant: Owners Corporation - Strata Plan No 22014; Second Defendant: Whelan Property Pty Ltd; Third Defendant: Janette Daisy Porter; Fourth Defendant: Mary Magney
Jurisdiction
Australia
Judgment Date
19 November 2014
Procedural Posture
Interlocutory Application / Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Strata Schemes, Strata Managing Agents, Authority of Executive Committee, Setting Aside Orders, Good Faith, Absence of Party
Real Property Practice and Procedure Strata Schemes Strata Managing Agents Authority of Executive Committee Setting Aside Orders Good Faith Absence of Party

Case Brief

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Parties

Patrick Tian Keng Tan

First Plaintiff

Ian Peterson Walters

Second Plaintiff

Rose Sok Kio Tan

Third Plaintiff

Owners Corporation - Strata Plan No 22014

First Defendant

Whelan Property Pty Ltd

Second Defendant

Janette Daisy Porter

Third Defendant

Mary Magney

Fourth Defendant

Procedural Posture

Interlocutory Application / Interlocutory Injunction

Legal Issues

  1. 1 Whether orders of NSW Civil and Administrative Tribunal appointing strata managing agents displaced power of executive committee to appoint solicitor for Owners Corporation
  2. 2 Whether serious question to be tried that orders obtained against good faith or in absence of party under the Uniform Civil Procedure Rules 2005

Ratio Decidendi

There is a serious question to be tried as to the validity of the Executive Committee's resolution and the solicitor's authority, justifying a short interim restraint on payments under the disputed orders pending final determination.

Court Disposition

Interlocutory injunction granted

Orders

  • Mary Jane Magney joined as fourth defendant in these proceedings.
  • First defendant restrained until 5pm on 24 November 2014 from making any payments to the plaintiffs or to the third defendant pursuant to the orders made on 26 August 2014, upon the fourth defendant giving the usual undertaking.