Tan v The Owners Strata Plan No 22014 [2015] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: Tan v The Owners Strata Plan No 22014 [2015] NSWSC 71 Hearing dates: 24 November 2014 Date of orders: 19 February 2015 Decision date: 19 February 2015 Jurisdiction: Equity Division Before: Robb J Decision: 1) The Court will make an order that orders 3 and 4 made by the Court on 26 August 2014 be set aside 2) The parties are to bring in short minutes of order to implement the order proposed in order 1 and the other matters referred to in par 79 of these reasons for judgment Catchwords: PROCEDURE – civil – judgments and orders – application to set aside consent orders that owners corporation indemnify plaintiff lot owners in proceedings and pay costs of defendants in those proceedings – where second defendant appointed as strata managing agent under Strata Schemes Management Act 1996 (NSW), s 162 with all powers of executive committee of owners corporation – where executive committee resolutions appointing legal representative and instructing it to sign consent orders on behalf of owners corporation invalid because only second defendant as strata managing agent had authority to exercise functions of executive committee – rule in Harvey v Phillips – UCPR, r 36.16(2)(b) – where appearance of owners corporation ineffective at hearing during which consent orders were made because legal representatives for owners corporation had no valid retainer Legislation Cited: Strata Schemes Management Act 1996 (NSW), ss 32, 80D, 162, 190 Uniform Civil Procedure Rules (NSW), r 36.16(2)(b) Cases Cited: Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 AVS Group of Companies v Commissioner of Police [2010] NSWCA 81; (2010) 78 NSWLR 3002 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Owston Nominees No 2 Pty Ltd v Branair Pty Ltd [2003] FCA 629; (2003) 129 FCR 558 Taheri v Vitek [2014] NSWCA 209 Vitek v Taheri [2013] NSWSC 589 Category: Procedural and other rulings Parties: Mary Jane Magney (applicant) The Owners – Strata Plan No 22014 (first respondent) Patrick Tian Keng Tan (second respondent) Ian Walters (third respondent) Whelan Property Group (fourth respondent) Janette Porter (fifth respondent) Representation: Counsel: G Sirtes SC/A Avery-Williams (applicant) N Cotman SC (first, second, third respondents) D Hand (fifth respondent)