The Court held that a resolution of an Owners Corporation authorising legal action for the recovery of levy arrears generally (not directed at a specific lot owner) satisfies the requirements of s.80D of the Strata Schemes Management Act 1996. The phrase 'that action' in s.80D(1) does not require a separate resolution for each individual debtor; a resolution restricted to a specified form of debt (levy arrears) is sufficient. The Court also held that even if there was a denial of procedural fairness in striking out the defence and refusing leave to re-plead, no practical adverse outcome was established where liability for the principal sum was admitted, the costs evidence was unchallenged, and the plaintiff was legally represented at the hearing.
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