The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002

Supreme Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 62022 v Sahade [2013] NSWSC 2002 Hearing dates: 10 September 2013 Decision date: 30 December 2013 Jurisdiction: Common Law Before: Rothman J Decision: (1) To the extent necessary, leave to appeal granted; (2) Appeal dismissed; (3) The plaintiff shall pay the defendant's costs of and incidental to these proceedings, as agreed or assessed. Such costs shall be paid from contributions levied on all lots other than the defendant's lot. (4) Otherwise, proceedings dismissed. Catchwords: STATUTORY CONSTRUCTION - Strata Schemes Management Act 2007 - validity of meeting - failure to give notice to lot owner - insufficient notice - strict compliance necessary - appeal dismissed Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Strata Schemes Management Act 1996 Cases Cited: Brown v Bluestone Property Services Pty Limited [2010] NSWSC 869 Dargavel v Cameron [2002] FCA 1234 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Project Blue Sky; Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 Category: Principal judgment Parties: The Owners - Strata Plan No 62022 (Plaintiff) Rita Sahade (Defendant) Representation: Counsel: M Ashhurst SC (Plaintiff) B Coles QC / M Sahade (Defendant) Solicitors: Le Page Lawyers (Plaintiff) Oliveri Lawyers (Defendant) File Number(s): 2013/154156 Publication restriction: None