Harris v The Owners-Strata Plan No 34056 [2022] NSWCATAP 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Harris v The Owners-Strata Plan No 34056 [2022] NSWCATAP 111 Hearing dates: 13 December 2021 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Appeal Panel Before: G Sarginson, Senior Member E Bishop, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: LAND LAW---Strata schemes---Resolution passed at general meeting---Discretion to invalidate---Applicable principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cooper v The Owners-Strata Plan No 58068 [2020] NSWCA 250 Coulton v Holcombe [1986] HCA 33; (1986) (1986) 162 CLR 1 Garofali v Moshkovich [2021] NSWCATAP 242 Pholi v Wearne [2014] NSWCATAP 7 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Read v The Owners-Strata Plan No 2533 [2021] NSWCATAP 218 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Category: Principal judgment Parties: Roger Harris (Appellant) The Owners-Strata Plan No 34056 (Respondent) Representation: Applicant Self-represented Ace Body Corporate Management (Agent for Respondent) File Number(s): 2021/00275112 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 16 September 2021 Before: G. Bassett, General Member File Number(s): SC 21/16957