Non-compliance with the 72-hour notice requirement for executive committee meetings under the Strata Schemes Management Act 1996 (NSW), Sch 3, cl 6 does not invalidate resolutions passed at such meetings. An executive committee's decision to instruct counsel to settle litigation is not a decision to undertake works within s 65A, and does not involve expenditure contrary to s 80A where no specific sum was allocated at the preceding AGM. Counsel retained to conduct litigation has ostensible authority to compromise proceedings on behalf of an owners corporation unless the other party is on notice of a restriction on that authority. A court retains a discretion to refuse to set aside entered consent orders even where a basis for setting aside is established, and extensive performance, delay, and inconsistent positions are compelling reasons to refuse.
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