“adversely affected” under s 24

Chua v The Owners – Strata Plan No 36156 [2022] NSWCATAP 48

In short

The time to consider whether a person has been “adversely affected” is at the time of the meeting and the time of hearing the proceedings.

Background

The proceedings involve an appeal by a lot owner against an owners corporation on a number of grounds, but largely in relation to the Tribunal’s refusal at first instance to grant relief under section 24 to invalidate certain resolutions and the election of strata committee members at an annual general meeting.

The law

Section 24 of the Strata Schemes Management Act 2015 empowers the Tribunal to make an order invalidating the resolution of an owners corporation at general meeting or the election of strata committee members if there has been non-compliance with the Act.

On appeal

The appeal proceeded on four questions of law that related to the lead up and conduct of the annual general meeting in question.

The appellant was unsuccessful on all grounds of appeal.

Key propositions

While the decision is largely concerned with factually specific matters, it addresses the wording of “adversely affected” within section 24. Relevantly, the Appeal Panel held:

• an applicant must establish that they were adversely affected both at the time of the general meeting and the time the proceedings are heard

• relief is not avaiable where supervening events have removed the adverse affect

• facts after the meeting are relevant

• the question of whether a person has (and continues to be) adversely affected is a question of fact