HG Royal Park Pty Ltd v Strata Corporation 7176 INC

In the case of HG Royal Park Pty Ltd v Strata Corporation 7176 INC, the appellant, a unit holder in a Strata Corporation, was in arrears and thus had no right to vote at Strata Corporation meetings. The appellant did not attend the annual general meeting, at which the unit holders resolved to impose fees and levies on all unit holders. The appellant later stated it would pay the outstanding money, but failed to do so, leading to a default judgment against it in the Magistrates Court. The default judgment was set aside, and the appellant argued at trial that it did not receive adequate notice of the motions proposed for the annual general meeting, rendering the motions passed at the meeting invalid.

The legal issues in this case were whether the common law test for notice of business to be conducted at meetings applies to meetings of Strata Corporations, and whether the appellant received sufficient notice of the business to be conducted at the annual general meeting. The court found that the Strata Titles Act does not exclude the common law requirements for notice to be given of business to be conducted at a meeting of a Strata Corporation. The common law requires fair and adequate notice of business to be conducted at the meeting, but does not require the precise text of proposed motions to be provided. The documents sent to the appellant conveyed that the imposition of fees and levies would be considered at the meeting, and the appellant was given sufficient notice of the business to be conducted.

The appeal was dismissed as the findings made by the Magistrate were open to her, were supported by the evidence and were the correct findings on the evidence. The court held that the documents sent to the appellant provided adequate notice of the business to be conducted at the meeting, and the common law requirements for notice were satisfied. The appeal was dismissed, and the decision of the Magistrate was upheld.