The Owners Corporation SP 70798 v Bakkante Constructions Pty Limited (No 2)

The Owners Corporation SP 70798, acting as the plaintiff, filed a motion against Bakkante Constructions Pty Limited, the defendant, in the NSW Supreme Court. The dispute revolved around the validity of legal proceedings initiated by the owners corporation and the purported ratification of those proceedings. The plaintiff sought to re-open the case, which had previously been heard, to introduce new issues. This motion was filed after the reasons for judgment had already been published.

The court was tasked with determining whether the plaintiff could re-open the case after the hearing had concluded and the reasons for judgment were published. This involved examining the principles of case management, the finality of litigation, and the statutory provisions under the Strata Schemes Management Act 1996 (NSW). The court also needed to consider the broader implications of allowing such re-opening, including the disruption to the orderly process of dispute resolution and the public interest in finality.

The court held that while corporate ratifications are permissible before a judgment is rendered, post-judgment ratifications are not supported by authority. The court emphasised the importance of finality in litigation to ensure the orderly resolution of disputes. It noted that allowing re-opening after a case has been decided would undermine the principle that parties are bound by their conduct in litigation. The court concluded that the plaintiff's motion to re-open the case was not justified and should be dismissed, thereby bringing the litigation to a final conclusion.

The final orders of the court were to dismiss the plaintiff's notice of motion filed on 4 September 2013, and consequently, the proceedings were dismissed as the court intended to do in July of the previous year. The court also noted that there was no evidence to assess the prospects of success of the plaintiff's underlying claim against the defendant.