Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2 Hearing dates: 22 February 2021 Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The application is dismissed. 2. The respondent and the members of the Strata Committee are reminded of the requirements of s 74 of the Strata Schemes Management Act and of the obligations and duties of the Strata Committee set out in s.34. Attention is also directed to the provisions of clause 18 in Schedule 2 of the Act dealing with the disclosure of pecuniary interests in meetings of the strata committee. 3. Each party is to bear their own costs in accordance with the provisions of s.60 of the Civil and Administrative Tribunal Act 2015. Catchwords: Strata Schemes – payment of moneys out of the capital works fund – obligation imposed on strata committee members to disclose a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting. Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Carre v The Owners Corporation – Strata Plan 53020 [2003] NSWSC 397 Lin v The Owners Strata Plan No. 50276 [2004] NSWSC 88 Owners – Strata Plan No 43551 v Walter Construction Group Ltd [2004] NSWCA 429 Walsh v Owners – Strata Plan No 10349 [2017] NSWCATAP 23 Category: Principal judgment Parties: Diane Taylor – applicant The Owners Strata Plan No 53919 - respondent Representation: The applicant appeared in person Mr Gagan, committee secretary appeared on behalf of the respondent. File Number(s): SC 20/39607