Owners Strata Plan No 53267, in the matter of Owners Strata Plan No 53267 v Prestia

Owners Strata Plan No 53267 applied to the Supreme Court of New South Wales to amend a creditor’s petition in a winding up proceeding. The application was brought by ANZ, which had been substituted as petitioner for the original applicant, the Owners of Strata Plan No 53267. ANZ sought to correct two errors in the creditor’s petition, which related to the dates of two notices served on the respondent, Prestia. The court was required to decide whether the application to amend the petition should be granted and, if so, whether service of the amended petition on the respondent should be dispensed with.

The court held that the application to amend the petition should be granted because the errors in the petition were clerical in nature and did not affect the respondent’s ability to oppose the petition. The court also held that service of the amended petition on the respondent should be dispensed with because the respondent had already been served with the original petition and had had an opportunity to oppose it. The court ordered that ANZ be substituted as petitioner, that leave be given to ANZ to amend the petition, and that service of the amended petition on the respondent be dispensed with. The court also made orders regarding the filing and service of a notice of opposition by the respondent, and the fixing of the petition for hearing.

Finally, the court ordered that costs be reserved, meaning that the question of who would bear the costs of the application would be determined at a later time. Overall, the court’s decision was that the application to amend the petition should be granted, and that service of the amended petition on the respondent should be dispensed with. The court also made orders regarding the respondent’s opposition to the petition, and the fixing of the petition for hearing.