The Supreme Court held that a magistrate erred fundamentally in dismissing a claim for strata contributions where the defendant had conceded $23,909.94 was owing; the court must give judgment reflecting the issues as narrowed by the parties under s 90(1) Civil Procedure Act 2005. The Court also held that the fact a special levy was raised to recoup credits previously given to a lot owner does not constitute a defence to recovery under s 80(1) of the Strata Schemes Management Act 1996 absent an order under s 229(2) or other recognised legal defence such as set-off or estoppel. Interest under s 79(2) accrues on a simple basis only at 10% per annum, and a court cannot refuse to award any interest merely because the plaintiff's particular calculation was imperfect.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.