Colman v The Owners - Strata Plan 61131

The applicant, Mr Colman, sought leave to appeal from orders made by Kirk J on 20 February 2025. The dispute concerned whether the respondent, The Owners - Strata Plan 61131, had breached its obligations under section 106 of the *Strata Schemes Management Act 2015* (NSW). The application for leave to appeal was heard by Stern JA and Price AJA in the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the primary judge had constructively failed to exercise jurisdiction in determining the alleged breach of section 106. Mr Colman contended that the primary judge's decision constituted such a failure.

The Court of Appeal found that none of the applicant's contentions of error identified any arguable constructive failure to exercise jurisdiction by the primary judge. Consequently, Mr Colman failed to identify an issue of principle, a question of public importance, or a reasonably clear injustice that went beyond something merely arguable.

Accordingly, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the respondent's costs.