NSW Caselaw
New South Wales Supreme Court
CITATION : Dimitriou v Owners of Strata Plan 36131 [2008] NSWSC 116
HEARING DATE(S) : 20 February 2008
JUDGMENT DATE : 27 February 2008
JUDGMENT OF : Malpass AsJ
DECISION : Determination of the Magistrate set aside; decision in these proceedings remitted back to the Local Court; defendant to pay the costs of these proceedings.
CATCHWORDS : STRATA SCHEMES - statutory debt - expenses - legal costs and disbursements
Legal Profession Act 2004 LEGISLATION CITED : Strata Schemes Management Act 1996 Uniform Civil Procedure Act 2005
CATEGORY : Principal judgment
CASES CITED : Coshott v Owners of Strata Plan No 48892 [2006] NSWSC 308 Owners of Strata Plan 63800 v Wolfe [2007] NSWSC 204
PARTIES : Georgina Dimitriou (Plaintiff) Owners of Strata Plan 36131 (Defendant)
FILE NUMBER(S) : SC 10894/07
COUNSEL : J Jobson (Plaintiff) J Raine (Defendant)
SOLICITORS : CPC Lawyers (Plaintiff) Andresakis & Associates (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 1060 of 2002
LOWER COURT JUDICIAL OFFICER : Mr Spence LCM
LOWER COURT DATE OF DECISION : 17 August 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Associate Justice Malpass
Wednesday 27 February 2008
10894/07 Georgina Dimitriou v Owners of Strata Plan 36131
JUDGMENT 1 HIS HONOUR: The plaintiff brings an appeal from a decision of Mr Spence LCM, made on 17 August 2006. The Summons was filed on 19 February 2007. It raises three grounds of appeal. During the hearing Ground 1 was abandoned. The remaining grounds raise the same issue but do not identify it with precision. 2 The appeal was heard on 20 February 2008. Both parties were represented by counsel. There are no written submissions from the plaintiff. The issue that was agitated concerned the construction of s 80 of the Strata Schemes Management Act 1996 ("the Act") and a part of the claim advanced by the defendant in the Local Court. 3 The section is as follows:- " 80 How does an owners corporation recover unpaid contributions and interest?
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