Quest Rose Hill Pty Ltd v White [2010] NSWSC 939

New South Wales Supreme Court

CITATION : Quest Rose Hill Pty Ltd v White [2010] NSWSC 939 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 21 June 2010

JUDGMENT DATE : 24 August 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

DECISION : Finding that power of attorney clause not illegal or void for public policy. Contract not unjust within meaning of Contracts Review Act. Limited declarations to be granted. Amended Statement of Claim and Cross-claim otherwise dismissed. Submissions to be heard on costs and form of declarations.

CATCHWORDS : STRATA SCHEMES MANAGEMENT ACT - validity of irrevocable power of attorney granted to lessee - lease required lot owners to vote in accordance with reasonable directions of lessee and granted lessee an irrevocable power of attorney - lessee under obligation to exercise power of attorney with good faith - HELD - power of attorney not void for illegality nor contrary to public policy - does not constitute an abandonment or abdication of voting rights inconsistent with the Strata Schemes Management Act 1996 - CONTRACTS REVIEW ACT - whether terms of lease unjust for purposes of the Contracts Review Act 1980 - HELD - s 7 of the Contracts Review Act not enlivened - distinction to be drawn between a contract which amounts to an abuse of rights or process and one which could if exercised in a particular way amount to an abuse of rights or process

Contracts Review Act 1980 (NSW) Conveyancing Act 1919 (NSW) Corporations Act (2001) (Cth) Home Building Act 1989 (NSW) LEGISLATION CITED : Powers of Attorney Act 2003 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Regulation 2005 (NSW) Strata Management Legislation Amendments Act 2008 (NSW) Strata Management Legislation Amendments Bill 2008 (NSW)