Shonroo Pty Ltd v Community Association DP 270482; Casuscelli v Community Association DP 270482 and Shonroo Pty Ltd [2019] NSWCATAP 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shonroo Pty Ltd v Community Association DP 270482; Casuscelli v Community Association DP 270482 and Shonroo Pty Ltd [2019] NSWCATAP 168 Hearing dates: 6 June 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member L Wilson Senior, Member Decision: 1. Appeal allowed. 2. The decision of the Member in SCS 18/09453 is set aside. 3. So much of the amendments made at the Annual General Meeting of Community Association DP 270482 held on 7 October, 2017 which purport to amend any provision of Part 4 of the By-Laws of the Association and which purport to amend Part 5 of the Management Statement are revoked, with effect from 7 October 2017. 4. The parties are directed within 28 days to bring in short orders of minutes, reflecting order (3) above. 5. Costs reserved with liberty to apply to be exercised within 28 days. Catchwords: Appeal – new grounds of original application raised for first time at appeal hearing - held appropriate in the circumstances to determine all of the matters in dispute in the course of the appeal hearing-appeal allowed.

Community Association – amendments to By-Laws of Management Statement purportedly made at Annual General Meeting- failure to secure approval of Council as required by Management Statement-amendments beyond power of Community Association-held amendments invalid-consequential orders made Legislation Cited: Community Land Management Act 1989 Civil and Administrative Tribunal Act Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Shonroo Pty Ltd (First Appellant) Charles Casuscelli (Second Appellant) Community Association DP 270482 (Respondent) Representation: Counsel: A Ogborne (Shonroo Pty Ltd) C Casuscelli (Second Appellant in person)