NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bessemer v Owners of Strata Plan 6925/35054 [2018] NSWCA 57 Hearing dates: 9 February 2018 Decision date: 26 March 2018 Before: McColl JA at [1]; Simpson JA at [120]; Sackville AJA at [121] Decision: Application for judicial review dismissed with costs Catchwords: APPEAL AND REVIEW – judicial review – review of order in criminal jurisdiction of District Court – jurisdictional error – whether District Court judge decision that he lacked power to relieve lot owner in strata scheme of levy imposed by owners corporation infected by jurisdictional error
CRIMINAL LAW – effect of annulment of conviction – where applicant convicted in 1993 and 1994 of contraventions of orders made by Strata Titles Board pursuant to Strata Titles Act 1973 (NSW) in proceedings commenced by body corporate – where on conviction applicant fined and ordered to pay court costs, professional costs and witness expenses – where convictions annulled in 2015 pursuant to Crimes (Appeal and Review) Act 2001, s 4 – where owners corporation determined not to pursue original informations which were dismissed – whether applicant could recover costs alleged to have been incurred consequent upon convictions
CRIMINAL LAW – effect of annulment of conviction – where applicant convicted in 1993 and 1994 of contraventions of orders made by Strata Titles Board pursuant to Strata Titles Act 1973 (NSW) in proceedings commenced by body corporate – where convictions annulled in 2015 pursuant to Crimes (Appeal and Review) Act 2001, s 4 – where owners corporation determined not to pursue original informations which were dismissed – where owners corporation incurred legal costs in seeking advice as to whether to pursue original informations – where owners corporation raised a levy on owners of lots in strata scheme including applicant to recover costs of legal advice – whether applicant could be relieved of levy pursuant to either Strata Titles Act 1973 (NSW), s 150, or Strata Schemes Management Act 1996 (NSW), ss 229 and 230
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