Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618 [2023] NSWCA 125

Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618 [2023] NSWCA 125

Clause 8.11 of the strata management statement is inconsistent with the Strata Schemes Management Act 2015 (NSW) and not authorised by the Strata Schemes Development Act 2015 (NSW), thereby invalid under s 105(5) of the Development Act as it improperly extinguishes the owners corporation's power to appoint and terminate a strata managing agent and overrides lot-owner democracy.

Jurisdiction
Australia
Judgment Date
05 June 2023
Procedural Posture
Appeal / Leave to Appeal and Substantive Appeal Decision
Outcome
Application for leave to appeal granted; appeal dismissed with costs.
Legal Topics
['strata Title' 'strata Managing Agent' 'interpretation of Strata Management Statement' 'validity and Consistency With Legislation']
['land Law'] ['strata Title' 'strata Managing Agent' 'interpretation of Strata Management Statement' 'validity and Consistency With Legislation']

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Procedural Posture

Appeal / Leave to Appeal and Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether clause 8.11 of the strata management statement is inconsistent with the Strata Schemes Management Act 2015 (NSW)' 'Whether clause 8.11 is not authorised by the Strata Schemes Development Act 2015 (NSW)' 'Whether clause 8.11 is invalid for uncertainty']

Ratio Decidendi

Clause 8.11 of the strata management statement is inconsistent with the Strata Schemes Management Act 2015 (NSW) and not authorised by the Strata Schemes Development Act 2015 (NSW), thereby invalid under s 105(5) of the Development Act as it improperly extinguishes the owners corporation's power to appoint and terminate a strata managing agent and overrides lot-owner democracy.

Court Disposition

Application for leave to appeal granted; appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is granted.' 'The applicant is to file and serve a notice of appeal in the form of the draft notice of appeal within 7 days.' 'The appeal is dismissed with costs.']