Works that fall within s 62 of the Strata Schemes Management Act 1996 (NSW) as repairs and maintenance do not require a special resolution under s 65A, even if they incidentally improve or enhance common property. The specific authorisation required by s 65A may be found in more than one special resolution read together, provided the resolutions collectively identify the particular action proposed with sufficient specificity. Estoppel cannot overcome s 65A requirements, but the factors that would ground an estoppel may inform the discretion to withhold injunctive relief. The question of whether there is a discretion to refuse injunctive relief for breach of s 65A was left open.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
2 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.