Owners Strata Plan 4003 v Mustafa [2012] NSWSC 780

Supreme Court New South Wales

Medium Neutral Citation: Owners Strata Plan 4003 v Mustafa [2012] NSWSC 780 Hearing dates: 6 July 2012 Decision date: 06 July 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Appeal upheld. Plaintiff directed to prepare Short Minutes and interest table. Catchwords: Appeal from Local Court - Magistrate dismissed proceedings even though amount conceded by defendant to be owing - recovery of contributions - recovery of interest - defence to claim under s 80(1) Strata Schemes Management Act. Legislation Cited: Civil Procedure Act 2005 - s 90(1) Local Court Act 2007 - s 39(1), s 40(1) Strata Schemes Management Act 1996 - s 79, s 80, s 229(2) Strata Scheme Management Regulation 2010 Suitors' Fund Act 1951 Supreme Court Act 1970 - s 75A Cases Cited: - Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27; (2009) 74 NSWLR 370 - Pacific Asia Express Pty Ltd v Renegade Gas Pty Ltd [2010] NSWSC 1188 - Pool Data Systems Pty Ltd v Bayliss [2011] NSWSC 224 - Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300; (2007) 71 NSWLR 230 Category: Principal judgment Parties: The Owners - Strata Plan 4003 (Plaintiff) Eray Mustafa (Defendant) Representation: Counsel: Mr C.P. Locke (Plaintiff) Ms P.E. Koroknay (Defendant) Solicitors: Bronwyn Smith Lawyers (Plaintiff) David Le Page (Defendant) File Number(s): 2012/018137