Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31

Stocker v The Owners – Strata Plan No. 6622 [2022] NSWCATCD 31

Applicant lacks standing under s 132 SSMA; retrospective approval for the work was valid as minor renovation pursuant to s 110 SSMA requiring only ordinary resolution; no sufficient grounds established to remove committee member under s 238 SSMA.

Jurisdiction
Australia
Judgment Date
25 March 2022
Procedural Posture
Application / Final Determination
Outcome
Application dismissed
Legal Topics
['strata Title' 'alteration of Common Property' 'minor Renovations' 'removal of Committee Member']
['land Law'] ['strata Title' 'alteration of Common Property' 'minor Renovations' 'removal of Committee Member']

Case Brief

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Procedural Posture

Application / Final Determination

Legal Issues

  1. 1 ['Whether applicant has standing to seek rectification under s 132 of the SSMA' 'Whether retrospective approval of work was validly obtained by ordinary resolution instead of special resolution' 'Whether committee member should be removed under s 238 of the SSMA']

Ratio Decidendi

Applicant lacks standing under s 132 SSMA; retrospective approval for the work was valid as minor renovation pursuant to s 110 SSMA requiring only ordinary resolution; no sufficient grounds established to remove committee member under s 238 SSMA.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']