Contributions – Imposing Levies
Dispute Resolution Processes – Standing
Resolutions – Validity
LAND LAW – Strata title – special levy – resolution for large amount in respect of common property works – whether special levy went beyond what required to carry out repair work required pursuant to s 106 of the Strata Schemes Management Act (SSMA) – whether resolution to impose special levy made for an improper purpose – controlling lot owners’ objective to buy out other lots in order to redevelop – appointment of strata manager under s 237 of the SSMA – whether improper purpose an irrelevant consideration – variation of special levy
APPEALS – Standing to bring appeal on behalf of Owners Corporation – errors of law – errors in fact-finding – absence of probative evidence for factual conclusions – appropriateness of finding suggesting dishonesty – availability of adverse credit finding -affidavit evidence from two witnesses about a conversation virtually identical – leave to appeal. under s 87 SSMA as excessive.

The Owners – Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 (12 May 2021