Linney v The Owners - Strata Plan No. 11669

Linney v The Owners - Strata Plan No. 11669 was a case brought before the Supreme Court of New South Wales, where the plaintiff, Mr. Linney, sought relief against the defendants, The Owners - Strata Plan No. 11669. Mr. Linney alleged breaches of the Strata Schemes Management Act 2015 (NSW) and sought declarations and orders concerning the conduct of the annual general meeting, the content of the strata roll, the removal of a strata committee member, and the duty to maintain and repair common property.

The central legal issues in the case involved whether there had been a breach of sections 24 and/or 25 of the Strata Schemes Management Act 2015 (NSW), which pertain to the conduct of the annual general meeting and the content of the strata roll, respectively. Additionally, the court had to determine if there were sufficient grounds to remove a member of the strata committee and if the duty to maintain and repair the common property had been breached.

The court examined the conduct of the annual general meeting and found that while there were procedural irregularities, they did not reach the threshold of a breach warranting the court's intervention. Regarding the strata roll, the court determined that it was not compliant with statutory requirements but did not find this to be a breach of the Act sufficient to warrant the court's intervention in this instance. The court also found that the grounds for the removal of the strata committee member were not established as per the Act. Finally, the court held that the duty to maintain and repair the common property had indeed been breached, and specific orders were made to remedy this.

The final orders included requiring The Owners-Strata Plan No 11669 to perform certain repairs to a common property bathroom bulkhead, ensuring the owner of Lot 4 provides access for these repairs, and recording the by-laws in the strata roll. The application was dismissed in all other respects.