Chua v The Owners – Strata Plan No 36156 [2022] NSWCATAP 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chua v The Owners – Strata Plan No 36156 [2022] NSWCATAP 48 Hearing dates: 9 November 2021 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member G Curtin SC, Senior Member Decision: 1. Grant leave to the appellant to amend the Notice of Appeal in the form of that lodged with the Tribunal on 5 July 2021. 2. Appeal dismissed. Catchwords: LAND LAW — strata title — owners corporation — meetings of owners corporation – order sought under s 24 of the Strata Schemes Management Act invalidating resolution of and election held by owners corporation – time at which the affected party must establish he or she was "adversely affected" within the meaning of that term in s 24 Legislation Cited: Evidence Act 1995 (NSW), s 55 Strata Schemes Management Act 2015 NSW, ss 4, 24, Sch 1 cl 23(8) Cases Cited: Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Wesiak v D&R Constructions (Aust) Pty Ltd [2016] NSWCA 353 Category: Principal judgment Parties: Chen Chew Chua (Appellant) The Owners – Strata Plan No 36156 (Respondent) Representation: Counsel: A Britt (Appellant) N Newton (Respondent)

Solicitors: Marcus Madison (Respondent) File Number(s): 2021/00056039 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 15 December 2020 Before: D G Charles, Senior Member File Number(s): SC 19/18378