The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002

The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002

The notice of the AGM was admitted to have been sent by post on 17 January 2012, but service was deemed to occur on 23 January 2012 and, excluding the day of service, the earliest compliant meeting date was 31 January 2012. Because the AGM was held on 30 January 2012, clause 32(1) of Schedule 2 of the Strata Schemes Management Act 1996 was not strictly complied with, the resolution imposing the levy was invalid, and the appeal from dismissal of the plaintiff's claim failed.

Jurisdiction
Australia
Judgment Date
30 December 2013
Procedural Posture
Appeal From Local Court Order Dismissing Claim for Unpaid Strata Levies, Interest and Expenses Under the Strata Schemes Management Act 1996 / Appeal
Outcome
Leave to appeal granted to the extent necessary; appeal dismissed; proceedings otherwise dismissed.
Legal Topics
['validity of General Meeting' 'notice to Lot Owner' 'service by Post' 'unpaid Strata Levies' 'leave to Appeal' 'strict Compliance With Statutory Notice Requirements']
['statutory Construction' 'strata Schemes' 'civil Procedure'] ['validity of General Meeting' 'notice to Lot Owner' 'service by Post' 'unpaid Strata Levies' 'leave to Appeal' 'strict Compliance With Statutory Notice Requirements']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Local Court Order Dismissing Claim for Unpaid Strata Levies, Interest and Expenses Under the Strata Schemes Management Act 1996 / Appeal

Legal Issues

  1. 1 ['Whether notice of the annual general meeting was sent to the defendant.' "Whether notice sent by post on 17 January 2012 for a meeting on 30 January 2012 gave at least 7 days' notice as required by clause 32(1) of Schedule 2 of the Strata Schemes Management Act 1996." 'Whether non-compliance with the notice requirement invalidated the resolutions imposing the levies.' 'Whether the learned magistrate reversed the onus of proof.']

Ratio Decidendi

The notice of the AGM was admitted to have been sent by post on 17 January 2012, but service was deemed to occur on 23 January 2012 and, excluding the day of service, the earliest compliant meeting date was 31 January 2012. Because the AGM was held on 30 January 2012, clause 32(1) of Schedule 2 of the Strata Schemes Management Act 1996 was not strictly complied with, the resolution imposing the levy was invalid, and the appeal from dismissal of the plaintiff's claim failed.

Court Disposition

Leave to appeal granted to the extent necessary; appeal dismissed; proceedings otherwise dismissed.

Orders

  • ['To the extent necessary, leave to appeal granted.' 'Appeal dismissed.' "The plaintiff shall pay the defendant's costs of and incidental to these proceedings, as agreed or assessed. Such costs shall be paid from contributions levied on all lots other than the defendant's lot." 'Otherwise, proceedings dismissed.']