Maiorana v The Owners – Strata Plan No. 1418 [2019] NSWCATCD 36

Maiorana v The Owners – Strata Plan No. 1418 [2019] NSWCATCD 36

The applicant did not establish substantial prejudice from any non-compliance with AGM notice requirements as the relevant resolution was advised, the applicant participated, and defects were not shown to affect the outcome; no breach of duty or quantifiable loss after the relevant Act's commencement was established for damages; attic works were completed with prior consent and in compliance with a fire order, so no basis existed for their removal.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Strata Dispute Application / Final Hearing and Decision
Outcome
Application dismissed
Legal Topics
['strata Meeting Resolution Validity' 'notice Requirements for Agm' 'owners Corporation Obligations' 'damages for Failure to Repair Common Property' 'alteration to Common Property' 'fire Safety Orders']
['strata Law' 'property Law'] ['strata Meeting Resolution Validity' 'notice Requirements for Agm' 'owners Corporation Obligations' 'damages for Failure to Repair Common Property' 'alteration to Common Property' 'fire Safety Orders']

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Procedural Posture

Strata Dispute Application / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether resolutions passed at the AGM on 15 August 2018 should be invalidated for non-compliance with notice and agenda requirements under the Strata Schemes Management Act 2015' 'Whether the owners corporation is liable for damages for failing to repair and maintain common property (windows) under s 106' "Whether unauthorised structures in the applicant's attic should be removed"]

Ratio Decidendi

The applicant did not establish substantial prejudice from any non-compliance with AGM notice requirements as the relevant resolution was advised, the applicant participated, and defects were not shown to affect the outcome; no breach of duty or quantifiable loss after the relevant Act's commencement was established for damages; attic works were completed with prior consent and in compliance with a fire order, so no basis existed for their removal.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' "Consent orders regarding proposed renovations and the process for obtaining approval for works in lot 5 are adopted as part of the Tribunal's orders."]