Body Corporate for Hilton Park CTS 27490 v Robertson

In the matter of Body Corporate for Hilton Park CTS 27490 v Robertson, the parties were engaged in a dispute regarding the validity of an appeal filed against the decision of an adjudicator. The appeal was filed by the Body Corporate for Hilton Park CTS 27490, and the respondent was Robertson. The dispute was heard by the Civil and Administrative Tribunal of New South Wales.

The primary legal issue before the court was whether the appeal filed by the Body Corporate was valid. Specifically, the court needed to determine if the appeal was filed without authority and if it was not approved by a special resolution of the body corporate, as required by rule 150 of the Body Corporate and Community Management (Accommodation Module) Regulation 2008. The court also needed to consider whether the failure to obtain two quotes for legal costs prior to filing the appeal could be rectified by a later ratification by the body corporate.

The court held that the appeal was indeed filed without authority and was not approved by a special resolution of the body corporate, as required by rule 150. However, the court also noted that the failure to obtain two quotes for legal costs could be remedied by a later ratification by the body corporate, and that such ratification would not prejudice the respondent. The court therefore dismissed the respondent’s application to strike out the appeal and granted the Body Corporate leave to amend its grounds of appeal and written submissions. The court also reserved the respondent’s application for an indemnity from the Body Corporate for costs incurred in prosecuting the appeal, as well as the costs of and incidental to each party’s applications, to the Tribunal hearing the Appeal.

In summary, the court found that while the appeal was initially filed without authority, it could still proceed if certain conditions were met, including the amendment of the grounds of appeal and written submissions. The court also noted that the failure to obtain two quotes for legal costs could be remedied by a later ratification by the body corporate, and that such ratification would not prejudice the respondent. The final orders of the court included dismissing the respondent’s application to strike out the appeal, granting the Body Corporate leave to amend its grounds of appeal and written submissions, and reserving certain applications and costs to the Tribunal hearing the Appeal.