The Owners-Strata Plan 47027 v McGinn [2018] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: The Owners-Strata Plan 47027 v McGinn [2018] NSWSC 1230 Hearing dates: 16-17 July 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs successful in obtaining final injunctive relief Catchwords: LAND LAW – strata title – owners corporation – meetings of owners corporation – validity of general meeting – resolutions of meeting invalid where chairperson not validly elected and not all lot owners invited to attend or vote – injunction in aid of a statutory right – proper administration of owners corporation interfered with – defendant restrained from holding herself out or acting as a member of strata committee unless and until duly elected Legislation Cited: Strata Schemes Management Act 1996 (NSW), Sch 2 cl 15 Strata Schemes Management Act 2015 (NSW), s 19 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: King v Goussetis (1986) 5 NSWLR 89 Malouf v Prince (No 2) [2010] NSWCA 51 Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188 Category: Principal judgment Parties: The Owners-Strata Plan 47027 (First Plaintiff) Peter Miller (Second Plaintiff) Sophia McGinn (First Defendant) Westpac Banking Corporation (Second Defendant) Representation: Counsel: Mr D L Cook SC (Plaintiffs) Ms S McGinn (First Defendant – in person)

Solicitors: Madison Marcus (Plaintiffs) File Number(s): 2017/331810 Publication restriction: None