Chua v The Owners - Strata Plan No 40301 [2014] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chua v The Owners - Strata Plan No 40301 [2014] NSWCA 306 Hearing dates: 27 August 2014 Decision date: 27 August 2014 Before: Basten JA at [1]; Meagher JA at [18] Decision: 1. Refuse the application for leave to appeal. 2. Order that the applicant pay the respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave - failure to give adequate reasons - error of law accepted, but relief refused - decision supported by unchallenged evidence - no adequate basis to doubt correctness of decision of primary judge

REAL PROPERTY - strata title - non-payment of special levy - liability of unit holder - whether notice served by posting to correct address Legislation Cited: Local Court Act 2007 (NSW), ss 39, 41 Strata Schemes Management Act 1996 (NSW), ss 78, 118, 236 Supreme Court Act 1970 (NSW), s 101 Category: Principal judgment Parties: Chen Chew Chua (Applicant) The Owners - Strata Plan No 40401 (Respondent) Representation: Counsel: Mr B A Coles QC/Mr N Potts (Applicant) Mr M Klooster (Respondent) Solicitors: McGrath Dicembre & Co (Applicant) Gilbert M Johnstone & Co (Respondent) File Number(s): CA 2013/378920 Decision under appeal Jurisdiction: 9111 Citation: Chen Chew Chua v The Owners - Strata Plan No. 40301 [2013] NSWSC 1696 Date of Decision: 2013-11-21 00:00:00 Before: R S Hulme AJ File Number(s): SC 2013/158274