The Owners – Strata Plan No 2795 v Luke Conrad and Natasha Grace [2009] NSWLC 21

Local Court of New South Wales

CITATION: The Owners – Strata Plan No 2795 v Luke Conrad and Natasha Grace [2009] NSWLC 21

JURISDICTION: Civil

The Owners – Strata Plan No 2795 PARTIES: Luke Conrad Natasha Grace

FILE NUMBER: 36364/09

PLACE OF HEARING: Downing Centre Local Court

DATE OF DECISION: 12/15/2009

MAGISTRATE: Magistrate Heilpern

CATCHWORDS: Strata, Procedural, Transfer of Proceedings

LEGISLATION CITED: Section 80, Strata Schemes Management Act 1996Regulation 7, Local Courts (Civil Procedure) Rules 2005

McClymont v The Owners of Strata Plan No 12139 NSWSC 276 Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27 CASES CITED: Coshott v The Owners of Strata Plan No. 48892 [2006] NSWSC 308 Coshott v The Owners SP 48892 [2008] NSWSC 854 The Owners of Strata Plan 66459 v Paul John Clancy 69642/08 26 May 2009 - Unreported

TEXTS CITED:

REPRESENTATION: Mr Radman for the Plaintiff Mr Russo for the Defendant

ORDERS: Motion Granted

Reasons for Decision

1 The plaintiff moves this court for two orders

· that these proceedings be transferred to the general division of the Local Court from the small claims division of the Local Court · that the plaintiff be granted leave to file an amended statement of claim within 14 days. Legal Background

2 The motion comes about as a direct result of differing opinions and approaches in relation to Section 80 of the Strata Schemes Management Act 1996: 80 How does an owners corporation recover unpaid contributions and interest? (1) An owners corporation may recover as a debt a contribution not paid at the end of one month after it becomes due and payable, together with any interest payable and the expenses of the owners corporation incurred in recovering those amounts. (2) Interest paid or recovered forms part of the fund to which the relevant contribution belongs.