Hudson Property Group Pty Ltd v Community Association DP 270238

Hudson Property Group Pty Ltd (the appellant) and Community Association DP 270238 (the respondent) were parties to a dispute concerning a Site Management Agreement. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was the interpretation and application of section 24 of the *Community Land Management Act 1989* (NSW), specifically whether the effect of a management agreement could be disclosed prior to its formal execution. The appellant contended that disclosure under section 24(2) could only occur after the agreement had been entered into.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The Court reasoned that section 24 of the Act required disclosure of the *effect* of a management agreement, not merely its existence. It was held that the disclosure obligation under section 24(2) could be satisfied by disclosing the terms and consequences of the agreement before it was formally executed, provided that the disclosure accurately reflected the intended effect of the agreement. The Court found that the appellant had failed to adequately disclose the effect of the Site Management Agreement as required by the Act.

The appeal was dismissed with costs.