The Court refused to summarily dismiss or strike out proceedings brought by a lot owner alleging breaches of fiduciary duty by executive committee members of an owners corporation in a strata scheme, holding that the existence of fiduciary duties owed by executive committee members to the owners corporation (and potentially to lot owners) was not untenable, and that real questions of fact and law remained for trial regarding breach, informed consent, validity of proxies, and ratification. The Court held that the plaintiff's standing under the fifth exception to the rule in Foss v Harbottle ('interests of justice') raised triable issues that could not be resolved on a summary basis, but directed that the statement of claim required amendment to properly plead the exception relied upon and that a reply to the defence of ratification should be filed. The question whether the Civil Procedure Act s 56 lowers the General Steel threshold for summary dismissal was engaged with but not definitively resolved.
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