Read v The Owners-Strata Plan No 2533 [2021] NSWCATAP 218

Read v The Owners-Strata Plan No 2533 [2021] NSWCATAP 218

The Tribunal did not err in its interpretation or application of s 24 of the Strata Schemes Management Act 2015 (NSW). The Tribunal found breaches regarding proper notice and chairing the meeting, but determined these did not adversely affect any person nor alter the passing of resolutions. All requirements for refusing to invalidate the resolutions under s 24(3) were met. Leave to appeal was refused and the appeal dismissed.

Parties
First Appellant: Marlene Noella Read; Second Appellant: Mavis Patricia Read; Respondent: The Owners-Strata Plan No 2533
Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Appeal / Determination of Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Strata Title, Owners Corporation Meetings, Strata Schemes Management Act 2015 (nsw), Application to Invalidate Resolutions at General Meeting
Land Law Strata Title Owners Corporation Meetings Strata Schemes Management Act 2015 (nsw) Application to Invalidate Resolutions at General Meeting

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Parties

Marlene Noella Read

First Appellant

Mavis Patricia Read

Second Appellant

The Owners-Strata Plan No 2533

Respondent

Procedural Posture

Appeal / Determination of Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Tribunal erred in its interpretation and application of s 24 of the Strata Schemes Management Act 2015 (NSW) in refusing to invalidate resolutions of the AGM
  2. 2 Whether the Tribunal failed to consider all alleged breaches of the Act or apply required tests under s 24(3)
  3. 3 Whether procedural fairness was afforded to the appellants

Ratio Decidendi

The Tribunal did not err in its interpretation or application of s 24 of the Strata Schemes Management Act 2015 (NSW). The Tribunal found breaches regarding proper notice and chairing the meeting, but determined these did not adversely affect any person nor alter the passing of resolutions. All requirements for refusing to invalidate the resolutions under s 24(3) were met. Leave to appeal was refused and the appeal dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused
  • Appeal dismissed