James v The Owners – Strata Plan No 11478 [2017] NSWCA 166

James v The Owners – Strata Plan No 11478 [2017] NSWCA 166

The applicant failed to demonstrate any denial of procedural fairness in the conduct of the trial or the refusal of adjournments, did not establish the existence of a duty of care owed by the strata manager/company or its director, and failed to prove loss or detriment for both the negligence and oppression claims. Accordingly, leave to appeal was refused.

Parties
Applicant: Jennifer Elizabeth James; First Respondent: The Owners Strata Plan No. 11478; Second Respondent: Robert John Anderson; Third Respondent: Advanced Community Management Pty Ltd
Jurisdiction
Australia
Judgment Date
10 July 2017
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Dismissal of Proceedings in Supreme Court of Nsw, Equity Division
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Strata Schemes, Negligence, Oppression, Procedural Fairness, Self Represented Litigants
Civil Procedure Property Law Leave to Appeal Strata Schemes Negligence Oppression Procedural Fairness Self Represented Litigants

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Parties

Jennifer Elizabeth James

Applicant

The Owners Strata Plan No. 11478

First Respondent

Robert John Anderson

Second Respondent

Advanced Community Management Pty Ltd

Third Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Dismissal of Proceedings in Supreme Court of Nsw, Equity Division

Legal Issues

  1. 1 Whether applicant was denied procedural fairness by refusal of adjournment applications and conduct of trial
  2. 2 Whether negligence by strata manager and its director caused loss to applicant
  3. 3 Whether oppression or fraud on minority occurred in management of strata scheme

Ratio Decidendi

The applicant failed to demonstrate any denial of procedural fairness in the conduct of the trial or the refusal of adjournments, did not establish the existence of a duty of care owed by the strata manager/company or its director, and failed to prove loss or detriment for both the negligence and oppression claims. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.