McClymont v The Owners - Strata Plan No 12139 (No 2)

The parties in this case were McClymont and The Owners - Strata Plan No 12139. The dispute centred around the validity of a notice of a meeting given by the strata managing agent, Mr Cummins, at the direction of the secretary of the owners corporation, Mr Morgan. The case was heard in the Federal Magistrates Court of Australia (FMCA). The central legal issue was whether the strata managing agent had the authority to give notice of the meeting of the executive committee, or whether this was a function that could only be performed by the secretary of the owners corporation. The court had to consider the provisions of the Strata Act, including sections 28 and 29, which allowed for the delegation of functions to a strata managing agent.

The court found that the strata managing agent had been delegated the function of preparing and distributing notices of executive committee meetings by the instrument of appointment dated 10 November 2008. This delegation was in accordance with the Strata Act, and the strata managing agent had the authority to execute and distribute the notice on behalf of the executive committee. The court held that the co-operative arrangement between Mr Cummins and Mr Morgan did not negate the fact that both had the authority to give notice of the meeting. The directive given by Mr Morgan to Mr Cummins did not exceed the authority of the strata managing agent, nor did it constitute a failure by Mr Morgan to exercise a function reposed in him.

The court concluded that the notice of the meeting was validly given by the strata managing agent, Mr Cummins, at the direction of Mr Morgan, the secretary of the owners corporation. The FMCA’s findings that Mr Cummins did not regard himself as exercising a delegated discretion and that Mr Morgan effectively directed the calling of the meeting were not inconsistent with the statutory scheme. The steps taken by Mr Cummins and Mr Morgan did not result in an invalid notice. Therefore, the court upheld the validity of the notice given by the strata managing agent.

The final orders of the court were not explicitly stated in the provided text, but the decision effectively validated the notice given by the strata managing agent and upheld the authority of both Mr Cummins and Mr Morgan in this context.