Brent Stuart Madden v The Owners - Strata Plan No.64970 [2013] NSWSC 469

Supreme Court New South Wales

Medium Neutral Citation: Brent Stuart Madden v The Owners - Strata Plan No.64970 [2013] NSWSC 469 Hearing dates: 1 March 2013 Decision date: 01 May 2013 Jurisdiction: Common Law Before: Slattery J Decision: Time to appeal extended. Appeal dismissed. Directions made for submissions, if the plaintiff wishes to submit that he should not pay the Defendants' costs of the proceedings. Catchwords: STRATA TITLES - appeal from Local Court question of law Local Court Act 2007 s 39 - proceedings by owners corporation in the Local Court against strata member for unpaid strata levies and recovery costs - whether owners corporation had complied with Strata Titles Management Act 1996 s 80D(1) by having a general meeting approve the taking of that legal action - whether the taking of that legal action is exempted from the operation of Strata Titles Management Act s 80D under Strata Titles Management Regulation 2005, r 15. PROCEDURE - appeal under UCPR 50 to Supreme Court - appeal seven months out of time - whether time to appeal should be extended in the circumstances HELD: Time to appeal extended. Legislation Cited: Strata Schemes Management Act 1996; Strata Schemes Management Regulation 2005; Supreme Court Act 1970; Local Court Act 2007; Legal Profession Act 2004; Legal Profession Act 2004; Interpretation Act 1987 (NSW); Uniform Civil Procedure Rules 2001. Cases Cited: Owners Strata Plan 46528 v Hall [2009] NSWSC 278; Currabubula Holdings Pty Ltd v State Bank of NSW [2000] NSWSC 232; Anthony v Chris Savage Pty Ltd [2003] NSWSC 698; D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12, (2005) 223 CLR 1; McClymont v The Owners - Strata Plan No 12139 (No 2) [2010] FCA 479; Catzel v The Strata Plan 468 [2011] NSWSC 370; Groth v Audet [2006] NSWCA 48, (2006) 65 NSWLR 388. Category: Principal judgment Parties: Brent Stuart Madden (Plaintiff) The Owners - Strata Plan No. 64970 (Defendant) Representation: Counsel: Mr A.D. Justice Mr T. Bors Solicitors: Plaintiff: Lachlan Wilson, Sparkes Helmore Defendant: Colin Cunio, David le Page File Number(s): 2012/00221454 Publication restriction: None Decision under appeal Date of Decision: 2011-06-28 00:00:00 Before: Magistrate G. Walsh File Number(s): 2010/164046