The Court held that the 60-day period in s 174(1) of the Strata Schemes Development Act 2015 (NSW) does not operate as a mandatory precondition to the validity of support notices; rather, it provides a minimum period during which lot owners who desire time to consider a strata renewal plan may do so, but does not require all owners to wait that period before giving support notices. The Court further held that support notices need not be personally delivered by lot owners to the returning officer and may be delivered by an agent such as a solicitor, and that even if there were a technical breach of the timing requirement, it would be directory only and would not invalidate the support notices so as to trigger lapsing under s 177. The Court also declined to order preliminary determination of whether the plan was for a 'collective sale' or 'redevelopment', finding the question was not appropriately articulated and would involve factual inquiry better resolved at final hearing.
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