APPEALS – Standing of lot owners to bring appeal on behalf of Owners CorpoADMINISTRATIVE LAW – Orders sought under Subdivision Act 1988 (Vic), s 34D – No unanimous resolution of members – Whether Tribunal could make an order under s 34D(1)(a) of the Subdivision Act without also making an order consenting on behalf of each member who did not vote in favour of the resolution – consideration of s 34D(3)(c) and changes made to it by Owners Corporation and Other Acts
Amendment Act 2021 (Vic) –– Tribunal could not make an order under s 34D(1)(a) of the Subdivision Act without also making an order consenting on behalf of each member who did not vote in favour of the resolution – to make an order consenting on behalf of each member who did not vote in favour of the resolution Tribunal required to be satisfied of the s 34D(3)(c) criteria – s34D(3)(c)(i) requires the member or group of members who is not consenting to be a majority shareholder – here the non-consenting member is a minority shareholder – s 34(D)(3)(c) criteria could not be established – Real Estate Victoria Pty Ltd. v Owners Corporation No 1 PS332430W [2021] VSC 373 applied – Conroy v Owners Corporation Strata Plan 30438 [2014] VCAT 550 not applied.
PRACTICE AND PROCEDURE – Application to strike out or dismiss proceeding under s 75 of the Victorian Civil and Administrate Tribunal Act 1988 (Vic) – proceeding hopeless – proceeding struck out.
PRACTICE AND PROCEDURE – Decision made by a Supreme Court judge sitting as the Supreme Court conflicts with a Tribunal decision made by a Supreme Court judge sitting as President of the Tribunal – Tribunal bound to follow Supreme Court decision – Minister for Environment and Conservation v Kupfer (2003) 16 VPR 67, and People’s Investment Co Pty Ltd. v Commissioner of State Revenue [2004] VCAT 2024 applied.
Owners Corporation 1 PS331627G v Pacific Rim Marketing Group Pty Ltd (Owners Corporations) [2022] VCAT 657 (17 June 2022)
