Maiorana v The Owners – Strata Plan No. 1418 [2019] NSWCATCD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Maiorana v The Owners – Strata Plan No. 1418 [2019] NSWCATCD 36 Hearing dates: 15 January 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Consumer and Commercial Division Before: S Thode, Senior Member Decision: 1. The application is dismissed. Catchwords: Strata Schemes – damages – alteration to common property Legislation Cited: Strata Schemes Management Act 2015; Strata Schemes Management Act 1996 Category: Principal judgment Parties: Giuseppe Maiorana (Applicant) The Owners – Strata Plan No. 1418 (Respondent) Representation: Warwick van Eade Mueller & Co (Applicant) Jane Crittenden (Respondent) File Number(s): SC 18/39259 Publication restriction: Nil

REASONS FOR DECISION

APPLICATION 1. In an application filed on 10 September 2018 the applicant lot owner seeks orders pursuant to s24 of the Strata Schemes Management Act 2015 that the Resolution made at the Annual General Meeting on 15 August 2018 are invalid until such time as a further AGM is held or a Mediation is held. 2. The reasons put forward for requesting the orders are as follows: The annual general meeting was not conducted in accordance with the Strata Schemes Management Act 2015. The agenda for the meeting with the notice of meeting was defective and matters for discussion were not included or incorrectly stated on the agenda and not in the form of a motion capable of being voted upon and resolved. Attached is a copy of the notice of the meeting, agenda and minutes of the meeting. The minute set out the purported resolutions and note that the resolutions are to be enacted with immediate effect for registration and the carrying out of the work that is detrimental to the applicant's interests without any regard by the owners corporation or any compensation.