The Owners Strata Plan 30695 v Stratacorp

The Owners Strata Plan 30695 brought a proceeding against Stratacorp, the former strata managing agent, seeking various interlocutory orders including the delivery of documents and the payment of trust moneys. The plaintiff claimed to have validly called an extraordinary general meeting which appointed a new strata managing agent. Stratacorp disputed the validity of the meeting and raised issues about the availability of alternative dispute resolution mechanisms under the Strata Schemes Management Act 2015 (NSW). The case came before the court on an interlocutory application.

The court was required to determine whether the extraordinary general meeting was validly called, and if so, whether the plaintiff was entitled to the interlocutory orders sought. The court also considered whether the plaintiff had complied with the statutory notice requirement under section 105 of the Strata Schemes Management Act 2015 (NSW). Additionally, the court evaluated the balance of convenience in favour of granting the interlocutory orders, despite the availability of alternative dispute resolution mechanisms under the Act.

The court held that the extraordinary general meeting was not validly called, as the plaintiff had failed to follow the statutory notice requirement under section 105 of the Act. Consequently, the plaintiff was not entitled to the interlocutory orders sought. The court also found that the plaintiff had not demonstrated a sufficient balance of convenience in favour of granting the orders, especially given the availability of alternative dispute resolution mechanisms. The court concluded that there was no question of principle involved in the case.

The court dismissed the plaintiff's application for interlocutory orders. The court made no orders as to costs.