Chen Chew Chua v The Owners - Strata Plan No. 40301 [2013] NSWSC 1696

Chen Chew Chua v The Owners - Strata Plan No. 40301 [2013] NSWSC 1696

Despite error by the Magistrate in failing to give reasons for crediting Mr Howard's evidence, the appeal fails as the posting of the special levy notices was upheld and the email exchange provided compelling evidence of the relevant address for service, justifying the dismissal of the appeal.

Parties
Plaintiff: Chen Chew Chua; Defendant: The Owners - Strata Plan No. 40301
Jurisdiction
Australia
Judgment Date
21 November 2013
Procedural Posture
Appeal / Judgment on Appeal From Local Court to Supreme Court
Outcome
Appeal dismissed
Legal Topics
Service of Notices, Evidence Assessment, Strata Levies, Appellate Review
Strata Law Civil Procedure Service of Notices Evidence Assessment Strata Levies Appellate Review

Case Brief

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Parties

Chen Chew Chua

Plaintiff

The Owners - Strata Plan No. 40301

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Local Court to Supreme Court

Legal Issues

  1. 1 Whether the Magistrate erred in finding that special levy notices were served
  2. 2 Whether the Magistrate erred regarding the address for service under s 118 certificate
  3. 3 Whether the Magistrate failed to properly consider the evidence regarding service

Ratio Decidendi

Despite error by the Magistrate in failing to give reasons for crediting Mr Howard's evidence, the appeal fails as the posting of the special levy notices was upheld and the email exchange provided compelling evidence of the relevant address for service, justifying the dismissal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • Summons dismissed
  • The Plaintiff is to pay the Defendant's costs