Chua v The Owners – Strata Plan No 36156 [2022] NSWCATAP 48

Chua v The Owners – Strata Plan No 36156 [2022] NSWCATAP 48

The Tribunal did not err in applying an objective test for bias, found no evidence of bias or ineligible voting that would change the result, and correctly determined that there was no ongoing adverse effect at the time of hearing, especially following ratification of resolutions and reelection of the committee. Therefore, the statutory preconditions for mandatory invalidation under s 24(3) were not satisfied, and there was no error of law warranting appeal intervention.

Jurisdiction
Australia
Judgment Date
18 February 2022
Procedural Posture
Appeal / Decision on Appeal From Consumer and Commercial Division of NCAT
Outcome
Appeal dismissed. Leave granted to amend Notice of Appeal.
Legal Topics
['strata Title' 'meetings of Owners Corporation' 'invalidation of Resolutions' 'election of Strata Committee' 'adverse Effect Under S 24 Strata Schemes Management Act']
['land Law'] ['strata Title' 'meetings of Owners Corporation' 'invalidation of Resolutions' 'election of Strata Committee' 'adverse Effect Under S 24 Strata Schemes Management Act']

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Procedural Posture

Appeal / Decision on Appeal From Consumer and Commercial Division of NCAT

Legal Issues

  1. 1 ['Whether Tribunal erred in applying subjective rather than objective test for bias in AGM convenor' 'Whether certain persons allowed to vote or be nominated were ineligible at the March 2019 AGM' 'Whether Tribunal failed to determine if a majority of eligible persons approved resolutions or failed to apply relevant considerations under s 24(3) Strata Schemes Management Act']

Ratio Decidendi

The Tribunal did not err in applying an objective test for bias, found no evidence of bias or ineligible voting that would change the result, and correctly determined that there was no ongoing adverse effect at the time of hearing, especially following ratification of resolutions and reelection of the committee. Therefore, the statutory preconditions for mandatory invalidation under s 24(3) were not satisfied, and there was no error of law warranting appeal intervention.

Court Disposition

Appeal dismissed. Leave granted to amend Notice of Appeal.

Orders

  • ['Grant leave to the appellant to amend the Notice of Appeal in the form of that lodged with the Tribunal on 5 July 2021.' 'Appeal dismissed.']