Robinson v The Owners-Strata Plan 61717 [2018] NSWCATCD 49

Robinson v The Owners-Strata Plan 61717 [2018] NSWCATCD 49

The Tribunal dismissed the application because the owners corporation had complied with the relevant statutory requirements. Two quotes had been obtained for the proposed works, the owners corporation and strata committee acted prudently and diligently by engaging a suitably qualified engineering project manager, and no breach of ss102(1), 37 or 108 of the Strata Schemes Management Act 2015 (NSW) was established. The awnings were fixtures attached to common property before the later statutory provisions requiring by-laws for such works applied, so their maintenance and repair remained the owners corporation's responsibility. There was therefore no basis to invalidate the EGM resolution or...

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Application by Lot Owner in a Strata Scheme to Invalidate a Resolution of an Extraordinary General Meeting and for Related Strata Management Orders / Principal Judgment After Hearing; Application Dismissed With Costs Submissions Directions
Outcome
The application is dismissed.
Legal Topics
['common Property' 'maintenance and Repair of Common Property' 'invalidation of Owners Corporation Resolution' 'strata Committee Functions' 'costs in the Tribunal']
['land Law' 'strata Title'] ['common Property' 'maintenance and Repair of Common Property' 'invalidation of Owners Corporation Resolution' 'strata Committee Functions' 'costs in the Tribunal']

Case Brief

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Procedural Posture

Application by Lot Owner in a Strata Scheme to Invalidate a Resolution of an Extraordinary General Meeting and for Related Strata Management Orders / Principal Judgment After Hearing; Application Dismissed With Costs Submissions Directions

Legal Issues

  1. 1 ['Whether the Tribunal should invalidate Motion 2.1 of the 19 September 2017 extraordinary general meeting accepting the PD Remedial tender for remedial works.' 'Whether the owners corporation failed to obtain required quotations for blinds and sensors under s102(1) of the Strata Schemes Management Act 2015 (NSW).' 'Whether the owners corporation or strata committee breached duties under s37 of the Strata Schemes Management Act 2015 (NSW).' 'Whether remedial work on two glazed awnings required approval as an alteration or addition to common property under s108 of the Strata Schemes Management Act 2015 (NSW).' 'Whether orders should be made under ss232 or 238 of the Strata Schemes Management Act 2015 (NSW).']

Ratio Decidendi

The Tribunal dismissed the application because the owners corporation had complied with the relevant statutory requirements. Two quotes had been obtained for the proposed works, the owners corporation and strata committee acted prudently and diligently by engaging a suitably qualified engineering project manager, and no breach of ss102(1), 37 or 108 of the Strata Schemes Management Act 2015 (NSW) was established. The awnings were fixtures attached to common property before the later statutory provisions requiring by-laws for such works applied, so their maintenance and repair remained the owners corporation's responsibility. There was therefore no basis to invalidate the EGM resolution or...

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.' 'Any application for costs by the respondent is to be supported by evidence and submissions of no more than 4 pages in length and is to be filed with the Tribunal and served on the applicant on or before 6 September 2018.' 'Any evidence and submissions in response to the application...