Wu v The Owners – Strata Plan No. 80611 [2021] NSWCATCD 109

Wu v The Owners – Strata Plan No. 80611 [2021] NSWCATCD 109

The Tribunal held that the applicants, who are not the owners of Lot 7 and did not commence proceedings in the name of the principal (the owners), do not have standing under section 232 of the Strata Schemes Management Act 2015 (NSW) to bring the application. The power of attorney does not empower them to bring proceedings in their own name.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Application Under Section 232 of the Strata Schemes Management Act 2015 (nsw) / Final Determination
Outcome
Application dismissed
Legal Topics
['strata Title' 'repair and Maintenance of Common Property' 'standing of Applicant']
['land Law'] ['strata Title' 'repair and Maintenance of Common Property' 'standing of Applicant']

Case Brief

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Procedural Posture

Application Under Section 232 of the Strata Schemes Management Act 2015 (nsw) / Final Determination

Legal Issues

  1. 1 ['Whether the applicants have standing under section 232 of the Strata Schemes Management Act 2015 (NSW) to bring an application for breach of statutory duty under section 106 of the Act.']

Ratio Decidendi

The Tribunal held that the applicants, who are not the owners of Lot 7 and did not commence proceedings in the name of the principal (the owners), do not have standing under section 232 of the Strata Schemes Management Act 2015 (NSW) to bring the application. The power of attorney does not empower them to bring proceedings in their own name.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']