The Owners - Strata Plan 5709 v Andrews [2009] NSWCA 189

New South Wales Court of Appeal

CITATION: The Owners - Strata Plan 5709 v Andrews [2009] NSWCA 189

HEARING DATE(S): 3 June 2009

JUDGMENT DATE: 10 July 2009

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 72; Young JA at 73

(1) Appeal allowed. (2) The judgment and orders of the District Court of New South Wales made on 3 July and 17 July 2008 in proceedings 3831 of 2006 are set aside. DECISION: (3) Judgment be entered in favour of the appellant in the sum of $255,685.62, to take effect as at 3 June 2009. (4) Order that the respondent in addition pay interest on unpaid levies up to and including 3 June 2009, pursuant to section 79 of the Strata Schemes Management Act 1996, in the sum of $77,664.11, this order also to take effect as at 3 June 2009. (5) Order that the respondents pay the costs of the proceedings in the District Court of New South Wales. (6) Order that the respondents pay the costs of the appeal, and that they have a certificate under the Suitors' Fund Act 1951 if otherwise eligible.

CATCHWORDS: STRATA SCHEMES – Orders appointing strata managing agents to exercise all the functions of an owners corporation – Meetings at which resolutions raising levies purportedly passed – Whether strata managing agent exercised the function of the owners corporation at such meetings – Whether there were limitations on the appointment of the strata managing agents – Whether certain functions of the owners corporation still had to be exercised at properly constituted meetings.

LEGISLATION CITED: Strata Schemes Management Act 1996 ss 3, 27, 28, 31, 32, 62, 66, 69, 75, 76, 78, 79, 80, 80D, 149, 153, 162, Schedule 2.

CATEGORY: Principal judgment