Harris v The Owners-Strata Plan No 34056 [2022] NSWCATAP 111

Harris v The Owners-Strata Plan No 34056 [2022] NSWCATAP 111

The appellant failed to establish any non-compliance with the Strata Schemes Management Act 2015 (NSW) or Regulations 'in relation to the meeting' that could have enlivened the Tribunal's discretion under s 24 to invalidate the resolution, nor established any error of law or sufficient error for leave to appeal. The Tribunal's discretion was not enlivened by alleged inconsistency with development approval or by-law registration processes, and no substantial miscarriage of justice was demonstrated.

Jurisdiction
Australia
Judgment Date
13 April 2022
Procedural Posture
Appeal / Appeal Determination
Outcome
Leave to appeal is refused. The appeal is dismissed.
Legal Topics
['strata Schemes' 'resolution Validity' 'common Property Rights by Law' 'invalidation of Resolution' 'appeal Principles']
['land Law'] ['strata Schemes' 'resolution Validity' 'common Property Rights by Law' 'invalidation of Resolution' 'appeal Principles']

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Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether there was non-compliance with the Strata Schemes Management Act 2015 (NSW) or related regulations in relation to the AGMs passing Motion 16' "Whether such non-compliance, if any, enlivened the Tribunal's discretion to invalidate the resolutions under s 24 of the Strata Schemes Management Act 2015 (NSW)" 'Whether the first instance Tribunal committed an error of law or an error sufficient to grant leave to appeal']

Ratio Decidendi

The appellant failed to establish any non-compliance with the Strata Schemes Management Act 2015 (NSW) or Regulations 'in relation to the meeting' that could have enlivened the Tribunal's discretion under s 24 to invalidate the resolution, nor established any error of law or sufficient error for leave to appeal. The Tribunal's discretion was not enlivened by alleged inconsistency with development approval or by-law registration processes, and no substantial miscarriage of justice was demonstrated.

Court Disposition

Leave to appeal is refused. The appeal is dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']