Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Ltd) (No 2)

The case of Cirillo v Consolidated Press Property Ltd involved the applicant seeking a declaration and an injunction against the respondents. The applicant, Cirillo, alleged that the respondents had breached the Strata Titles Act 1985 (NSW) by failing to provide proper notice of a general meeting of unit owners. The Supreme Court of New South Wales was tasked with determining whether the notice provided by the respondents complied with the statutory requirements. The dispute centred on the interpretation and application of the notice provisions under the Act, specifically section 64, which outlines the requirements for notice of meetings.

The primary legal issue before the court was whether the notice provided by the respondents was sufficient to comply with the statutory requirements. The court had to consider the wording and content of the notice, the time frame within which it was provided, and whether it included all the necessary information as required by section 64 of the Act. Additionally, the court needed to assess whether the failure to comply with these statutory requirements rendered the meeting and any resolutions passed during it invalid.

In delivering the judgment, the court found that the notice provided by the respondents did not meet the statutory requirements. The notice failed to include all the information mandated by section 64, particularly concerning the agenda items and the time, date, and place of the meeting. The court held that the deficiencies in the notice were significant and did not provide the requisite details to enable unit owners to make informed decisions. As a result, the meeting and any resolutions passed during it were deemed invalid. The court further ordered that the applicant pay the respondents’ costs of the application on a solicitor and client basis.