2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 [2014] NSWCA 409 (5 December 2014)

CORPORATIONS – commencement of proceedings by owners corporation without authority – effect of ratification by general meeting

STATUTORY CONSTRUCTION – whether Strata Schemes Management Act 1996 (NSW), s 80D required obtaining approval for litigation before commenced – construction of Act as a whole – use of dictionary definitions – whether proceedings commenced without prior approval invalid or a nullity

STRATA TITLE – proceedings commenced by owners corporation without prior approval at general meeting – general meeting subsequently approves litigation – whether contravention of Strata Schemes Management Act 1996 (NSW), s 80D – whether effect of contravention that proceedings be stayed or dismissed

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2014/409.html