CATZEL v THE OWNERS, STRATA PLAN 468 [2011] NSWSC 370

Supreme Court New South Wales

Medium Neutral Citation: CATZEL v THE OWNERS, STRATA PLAN 468 [2011] NSWSC 370 Hearing dates: Friday 29 April 2011 Decision date: 05 May 2011 Jurisdiction: Common Law Before: Hall J Decision: (1) The summons commencing an appeal filed on 3 November 2010 is dismissed. (2) In accordance with the costs follow the event rule, the plaintiff is to pay the defendant's costs of and incidental to the proceedings. Catchwords: PROPERTY LAW - Authority of Owners Corporation to take legal action to recover outstanding levies - failure to pay levies contra to Strata Schemes Management Act - defence struck out at Local Court - denied permission to amend or re-plead defence - whether applicant denied procedural fairness - whether commencement of legal action by Owners Corporation valid - whether Magistrate justified in determining proceedings relating to the commencement of legal action where "no evidence" is before the Court - appeal proceedings limited to the question of costs pursuant to s.80D - liability for principal sum admitted - breach of procedural fairness - no disadvantage from the alleged failure to permit plaintiff to re-lead a defence Legislation Cited: Civil Procedure Act 2005 Legal Profession Act 1987 Strata Schemes Management Act 1996 Strata Schemes Management Regulation 2005 Cases Cited: AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 The Owners - Strata Plan No 36131 v Dimitriou (2009) 74 NSWLR 370 Category: Principal judgment Parties: RYAN CATZEL v THE OWNERS, STRATA PLAN 468 Representation: Counsel: P: N Eastman D: D Radman (Sol) Solicitors: P: Charles G Roth D: Grace Lawyers Pty Limited File Number(s): 2010/365580