Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524

Supreme Court New South Wales

Medium Neutral Citation: Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524 Hearing dates: 7 November 2022 Decision date: 09 November 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal in respect of grounds 2 and 3. (2) Otherwise dismiss the appeal. (3) Order the plaintiffs to pay the defendant's costs of the proceedings, including the costs which were the subject of the order made by Rothman J on 26 May 2022. Catchwords: LAND LAW — Community title — Neighbourhood scheme — Neighbourhood association — appeal from Local Court — costs of recovering unpaid levies LAND LAW — Community title — Neighbourhood scheme — Neighbourhood association — validity of resolution appointing lawyers — whether absence of chairperson at meeting invalidated resolutions passed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4 cl 5 Community Land Management Act 1989 (NSW), ss 13, 14, 20, 20A, 62, 80, 82, 83, 120, Sch 5 Pt 3 cl 36, Sch 6 Pt 3 cl 57 Local Court Act 2007 (NSW), ss 29, 29A, 30, 39, 40 Strata Schemes Management Act 1996 (NSW), ss 80, 226 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 50.14 Cases Cited: Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 691 Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 746 IIB Australia Pty Ltd v Owners Strata Plan 76024 (No 2) [2015] NSWSC 929 Kimber v Owners of Strata Plan No 48216 (2017) 258 FCR 575; [2017] FCAFC 226 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Owners of Strata Plan 36131 v Dimitriou (2009) 74 NSWLR 370; [2009] NSWCA 27 Category: Principal judgment Parties: Kannapiran Chinna Arjunan (First Plaintiff) Thangam Kannapiran (Second Plaintiff) Neighbourhood Association DP No 285853 (Defendant) Representation: Counsel: Self-represented (Plaintiffs) D Radman (Defendant)