The Owners - Strata Plan No 2227 v Navhand Pty Ltd [2023] NSWDC 568

The Owners - Strata Plan No 2227 v Navhand Pty Ltd [2023] NSWDC 568

The Owners Corporation proved that the 2020 quarterly levies, the first three instalments of the 2020 fire upgrade special levy, and three 2021 quarterly levies were validly recoverable. Notices for the 2019 AGM, levy notices issued by Stratamark, and the EGM notice for the 2020 special levy were given to Navhand; in any event, s 83(4) deemed regular periodic contributions duly levied even where notice was not proved. Any non-receipt of notices concerning Stratamark did not invalidate the resolutions appointing or ratifying Stratamark. The fourth fire upgrade special levy instalment was not recoverable because the plaintiff did not prove that the special levy notice was given. The 2020...

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Civil Claim by Owners Corporation to Recover Unpaid Strata Contributions, Interest, Costs and Expenses / Principal Judgment After Trial
Outcome
Judgment for the plaintiff against the defendant for $94,740.78, with costs.
Legal Topics
['recovery of Unpaid Strata Contributions' 'administrative Fund and Capital Works Fund Levies' 'special Levies' 'notice of Contributions and Meetings' 'validity of Strata Managing Agent Appointment' 'statutory Interest on Unpaid Levies' 'reasonable Expenses of Recovery']
['land Law' 'strata Title' 'civil Procedure'] ['recovery of Unpaid Strata Contributions' 'administrative Fund and Capital Works Fund Levies' 'special Levies' 'notice of Contributions and Meetings' 'validity of Strata Managing Agent Appointment' 'statutory Interest on Unpaid Levies' 'reasonable Expenses of Recovery']

Case Brief

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Procedural Posture

Civil Claim by Owners Corporation to Recover Unpaid Strata Contributions, Interest, Costs and Expenses / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether regular periodic contributions and special levies claimed by the Owners Corporation were validly levied on Navhand under the Strata Schemes Management Act 2015 (NSW).' 'Whether contribution notices and meeting notices were given to Navhand, and the consequences if notices were not received.' 'Whether Stratamark Pty Ltd was validly appointed or ratified as strata managing agent, and whether notices given by Stratamark were valid.' 'Whether the 2020 fire upgrade special levy was valid under s 81(4) of the Act and recoverable.' 'Whether Resolution 20 of the 2020 AGM could be read as imposing 2021 quarterly levies despite erroneous dates in the minutes.' 'Whether the Owners Corporation complied with s 86 of the Act and cl 19 of the Strata Schemes Management Regulation 2016 (NSW) before bringing proceedings.' 'Whether Resolution 12 barred the Owners Corporation from commencing proceedings without reminder letters.' 'What unpaid levies, interest, costs and expenses were recoverable.']

Ratio Decidendi

The Owners Corporation proved that the 2020 quarterly levies, the first three instalments of the 2020 fire upgrade special levy, and three 2021 quarterly levies were validly recoverable. Notices for the 2019 AGM, levy notices issued by Stratamark, and the EGM notice for the 2020 special levy were given to Navhand; in any event, s 83(4) deemed regular periodic contributions duly levied even where notice was not proved. Any non-receipt of notices concerning Stratamark did not invalidate the resolutions appointing or ratifying Stratamark. The fourth fire upgrade special levy instalment was not recoverable because the plaintiff did not prove that the special levy notice was given. The 2020...

Court Disposition

Judgment for the plaintiff against the defendant for $94,740.78, with costs.

Orders

  • ['Judgment for the plaintiff against the defendant for $94,740.78.' "Order the defendant to pay the plaintiff's costs." 'The exhibits are returned.']