The Court held that resolutions passed at a strata corporation general meeting did not have contractual effect, but that promises made by a development lot owner at the meeting to 'give' lot owners continued pool access gave rise to a proprietary estoppel entitling the strata corporation to an easement over the pool land. The Court refused rectification of the strata plan containing the Pool Notation because, although the notation was deliberately included and a mistake was established, the intended form of the plan could not be determined with sufficient certainty. The case turned heavily on the particular evidence, including a recorded transcript of a subsequent AGM that corroborated the promise, and adverse inferences drawn from the failure to call the surveyor who prepared the plan.
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