Jennifer Elizabeth James v The Owners Strata Plan No. SP 11478 (No 4)

[2012] NSWSC 590

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. STRATA SCHEMES - whether by-laws validly made by strata managing agent appointed under s 162 of the Strata Schemes Management Act 1996 - limits on power of agent appointed under s 162 - whether agent can make by-laws concerning construction and exclusive use - whether special resolution of general meeting of owners corporation required before by-laws can be made - held agent has power to make relevant by-laws.
1. STRATA SCHEMES - whether agent appointed under s 162 acted improperly in exercising his powers - application of "fraud on power" and "fraud on minority" doctrines - whether agent has duty to afford procedural fairness to lot owners when making decisions - whether agent owes duty of care to lot owners when exercising powers conferred under s 162 - held agent did not act improperly.
1. STRATA SCHEMES - by-law authorising construction work under s 65A - whether by-law passed for purpose of "improving or enhancing the common property" - whether removal of external wall is alteration of individual lot - held by-law validly made.
1. STRATA SCHEMES - by-law conferring right of exclusive used under s 52 - whether agent appointed under s 162 can give consent on behalf of lot owners concerned by by-law - meaning of "owner or owners of lot concerned" - whether consent required before by-law passed - held by-laws invalidly made because no written consent of owners concerned.