Pike v The Owners - Strata Plan No 9370 - [2025] NSWCATCD 113

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Pike v The Owners - Strata Plan No 9370 [2025] NSWCATCD 113
Hearing dates: 7 July 2025
Date of orders: 11 August 2025
Decision date: 11 August 2025
Jurisdiction: Consumer and Commercial Division
Before: K Merrick, Senior Member
Decision:
(1) Order under section 24 of the Strata Schemes Management Act 2015 (NSW) (SSMA) invalidating the resolution made at the special general meeting held on 3 December 2024 (SGM) in respect of motion 2.1.1.
(2) Order under section 24 of the SSMA invalidating the resolutions made at the SGM in respect of motion 2.1.2, 9.2 and 9.2 [sic] (9.3).
(3) Order under section 87(1)(b) of the SSMA that the manner by which payment of the contributions required by the Levies Motion are to be made is varied such that payments will be due on 28 August, 28 September and 28 October.
(4) The balance of the Applicants’ case is dismissed.
(5) The parties may apply to the Tribunal within 28 days of this decision in support of any claim for costs.

Catchwords:
STRATA TITLE – common property – maintenance and repair – alteration and addition – relationship between ss 106 and 108 of the Strata Schemes Management Act 2015 (NSW) – invalidation of resolution – s 24 of the Strata Schemes Management Act 2015 (NSW) - special levies – when a special levy is required – s 81(4) of the Strata Schemes Management Act 2015 (NSW) – variation of special levy – s 87 of the Strata Schemes Management Act 2015 (NSW) - when the Tribunal may make orders under ss 232 and 241 of the Strata Schemes Management Act 2015 (NSW)

Legislation Cited:
Civil and Administrative Tribunal Act 2013 (NSW).
Environmental Planning and Assessment Act 1979 (NSW)
Strata Schemes Management Act 2015 (NSW)
Strata Schemes Management Act 1996 (NSW)

Cases Cited:
Gannon v The Owners - Strata Plan No 14403 [2013] NSWSC 1916
Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425
Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Limited (1989) 18 NSWLR 33
Lonergan v The Owners – Strata Plan No. 16519 [2020] NSWCATAP 177
Proprietors Strata Plan No. 6522 v Furney [1976] 1 NSWLR 412
Ridis v Strata Plan 10308 (2005) 63 NSWLR 449; [2005] NSWCA 246
Seiwa Australia Pty Ltd v Owners Strata Plan 25042 [2006] NSWSC 1157
Stolfa v Hempton [2010] NSWCA 218
Stolfa v Owners Strata Plan No. 4366 [2009] NSWSC 589
The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130
The Owners – Strata Plan No 37762 v Pham [2006] NSWSC 1287
The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270
Walsh v The Owners - Strata Plan No 10349 [2017] NSWCATAP 230
Hamilton v National Coal Board [1960] AC 633

Texts Cited:
Nil cited

Category: Principal judgment
Parties: Nicholas John Pike, Gregory Wayne Segal, Roslyn Hakim, Nilay Gencturk, Gerard Eugene Farrell (Applicants)
The Owners – Strata Plan No 9370 (Respondent)
Representation: Applicants: Ahmed…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWCATCD 113
Decision Date: 11 August 2025

CaseChat Overview and Summary

In the case of Pike v The Owners – Strata Plan No 9370, the primary dispute revolves around the management and maintenance of common property in a strata scheme, specifically concerning the validity of certain resolutions passed by the owners corporation. The matter was heard in the NSW Civil and Administrative Tribunal (NCAT). The Applicant, Ms Pike, sought to invalidate several resolutions passed at a special general meeting of the Owners Corporation on 3 December 2024. These resolutions included the approval of a significant alteration to the strata scheme, a variation in the special levy imposed on owners, and other related matters.

The legal issues before the Tribunal centred on the interpretation and application of various sections of the Strata Schemes Management Act 2015 (NSW). Specifically, the Tribunal had to consider the validity of resolutions under section 106 and 108 of the Act, the conditions under which a resolution could be invalidated under section 24, the requirement for special levies under section 81(4), and the circumstances in which a special levy could be varied under section 87. Furthermore, the Tribunal examined its own jurisdiction to make orders under sections 232 and 241 of the Act.

The Tribunal found that the resolutions regarding the alteration and addition to the strata scheme were invalid, as they did not comply with the necessary statutory requirements and procedural safeguards. Consequently, the Tribunal issued orders under section 24 invalidating the resolutions passed in respect of motions 2.1.1, 2.1.2, 9.2, and 9.3. The Tribunal also varied the manner by which the special levy was to be paid, setting new due dates. The remaining claims made by Ms Pike were dismissed. The Tribunal allowed both parties the opportunity to apply for costs within 28 days of the decision.

Orders

Orders of the court

(1) Order under section 24 of the Strata Schemes Management Act 2015 (NSW) (SSMA) invalidating the resolution made at the special general meeting held on 3 December 2024 (SGM) in respect of motion 2.1.1.

(2) Order under section 24 of the SSMA invalidating the resolutions made at the SGM in respect of motion 2.1.2, 9.2 and 9.2 [sic] (9.3).

(3) Order under section 87(1)(b) of the SSMA that the manner by which payment of the contributions required by the Levies Motion are to be made is varied such that payments will be due on 28 August, 28 September and 28 October.

(4) The balance of the Applicants’ case is dismissed.

(5) The parties may apply to the Tribunal within 28 days of this decision in support of any claim for costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Pike v The Owners - Strata Plan No 9370 [2025] NSWCATCD 113
Hearing dates:	7 July 2025
Date of orders:	11 August 2025
Decision date:	11 August 2025
Jurisdiction:	Consumer and Commercial Division
Before:	K Merrick, Senior Member
Decision:	(1) Order under section 24 of the Strata Schemes Management Act 2015 (NSW) (SSMA) invalidating the resolution made at the special general meeting held on 3 December 2024 (SGM) in respect of motion 2.1.1. (2) Order under section 24 of the SSMA invalidating the resolutions made at the SGM in respect of motion 2.1.2, 9.2 and 9.2 [sic] (9.3). (3) Order under section 87(1)(b) of the SSMA that the manner by which payment of the contributions required by the Levies Motion are to be made is varied such that payments will be due on 28 August, 28 September and 28 October. (4) The balance of the Applicants’ case is dismissed. (5) The parties may apply to the Tribunal within 28 days of this decision in support of any claim for costs.
Catchwords:	STRATA TITLE – common property – maintenance and repair – alteration and addition – relationship between ss 106 and 108 of the Strata Schemes Management Act 2015 (NSW) – invalidation of resolution – s 24 of the Strata Schemes Management Act 2015 (NSW) - special levies – when a special levy is required – s 81(4) of the Strata Schemes Management Act 2015 (NSW) – variation of special levy – s 87 of the Strata Schemes Management Act 2015 (NSW) - when the Tribunal may make orders under ss 232 and 241 of the Strata Schemes Management Act 2015 (NSW)
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW). Environmental Planning and Assessment Act 1979 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Act 1996 (NSW)
Cases Cited:	Gannon v The Owners - Strata Plan No 14403 [2013] NSWSC 1916 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Limited (1989) 18 NSWLR 33 Lonergan v The Owners – Strata Plan No. 16519 [2020] NSWCATAP 177 Proprietors Strata Plan No. 6522 v Furney [1976] 1 NSWLR 412 Ridis v Strata Plan 10308 (2005) 63 NSWLR 449; [2005] NSWCA 246 Seiwa Australia Pty Ltd v Owners Strata Plan 25042 [2006] NSWSC 1157 Stolfa v Hempton [2010] NSWCA 218 Stolfa v Owners Strata Plan No. 4366 [2009] NSWSC 589 The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 The Owners – Strata Plan No 37762 v Pham [2006] NSWSC 1287 The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 Walsh v The Owners - Strata Plan No 10349 [2017] NSWCATAP 230 Hamilton v National Coal Board [1960] AC 633
Texts Cited:	Nil cited
Category:	Principal judgment
Parties:	Nicholas John Pike, Gregory Wayne Segal, Roslyn Hakim, Nilay Gencturk, Gerard Eugene Farrell (Applicants) The Owners – Strata Plan No 9370 (Respondent)
Representation:	Applicants: Ahmed…