Owners – Strata Plan 11011 v Integrated Project Services Pty Ltd [2015] NSWSC 553

Owners – Strata Plan 11011 v Integrated Project Services Pty Ltd [2015] NSWSC 553

The person (Mr Ziade) validly appointed by the owners' corporation retains authority, unless properly revoked at a general meeting, to provide instructions to the plaintiff's solicitors and barrister concerning the litigation and undertakings as to damages. The legal representatives are obliged to act on those instructions unless it would be improper. The wishes of majority lot owners given outside a valid general meeting do not revoke that authority.

Parties
Plaintiff: Owners – Strata Plan 11011; First Defendant: Integrated Project Services Pty Ltd; Second Defendant: L & C's Treasure Pty Limited
Jurisdiction
Australia
Judgment Date
28 April 2015
Procedural Posture
Interlocutory/procedural Ruling in Equity/division Civil Litigation / Hearing: Authority to Instruct Lawyers, Request for Adjournment, Continuation of Interlocutory Injunction, Directions for Final Hearing
Outcome
The plaintiff's lawyers are required to act on the instructions of Mr Ziade; the hearing is to proceed and not adjourned; no orders for adjournment are made.
Legal Topics
Authority to Instruct Solicitors, Delegation by Owners' Corporation, Legal Professional Responsibility, Interlocutory Injunctions, Undertakings as to Damages
Equity Property Law Strata Law Authority to Instruct Solicitors Delegation by Owners' Corporation Legal Professional Responsibility Interlocutory Injunctions Undertakings as to Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Owners – Strata Plan 11011

Plaintiff

Integrated Project Services Pty Ltd

First Defendant

L & C's Treasure Pty Limited

Second Defendant

Procedural Posture

Interlocutory/procedural Ruling in Equity/division Civil Litigation / Hearing: Authority to Instruct Lawyers, Request for Adjournment, Continuation of Interlocutory Injunction, Directions for Final Hearing

Legal Issues

  1. 1 Who is authorised to provide instructions to the plaintiff's lawyers?
  2. 2 Whether the authority to provide instructions to lawyers and to settle proceedings, given to Mr Ziade, was valid and/or has been revoked
  3. 3 Whether the plaintiff's lawyers must follow the instructions of the representative even if contrary to the wishes of the majority of lot owners

Ratio Decidendi

The person (Mr Ziade) validly appointed by the owners' corporation retains authority, unless properly revoked at a general meeting, to provide instructions to the plaintiff's solicitors and barrister concerning the litigation and undertakings as to damages. The legal representatives are obliged to act on those instructions unless it would be improper. The wishes of majority lot owners given outside a valid general meeting do not revoke that authority.

Court Disposition

The plaintiff's lawyers are required to act on the instructions of Mr Ziade; the hearing is to proceed and not adjourned; no orders for adjournment are made.

Orders

  • Hearing to proceed as scheduled and not adjourned.
  • Plaintiff's lawyers required to act on instructions of Mr Ziade as representative.