Walden v Broadwater Tower Body Corporate

In the case of Walden v Broadwater Tower Body Corporate, the dispute arose between the appellant, Mr Walden, and the respondent, the body corporate for Broadwater Tower. The primary issue was the management and allocation of funds within the body corporate, specifically the sinking fund and administrative fund. The case was heard in the Supreme Court of New South Wales. The appellant challenged the body corporate's handling of these funds, questioning the adoption of the sinking fund budget, the necessity of separate bank accounts, and the conditions for payments from these funds. Additionally, the appellant argued that the primary judge erred in dismissing his application as vexatious, misconceived, and without substance. The court was required to determine whether the application was within the statutory time limit, whether the body corporate had adopted a proper sinking fund budget, whether separate bank accounts should be established for the administrative and sinking funds, whether an order should be made to limit payments from these funds with appropriate invoices or receipts, and whether the dismissal of the application was appropriate. The court found that the application was not within the statutory time limit, the body corporate had adopted a proper sinking fund budget, and separate bank accounts were not necessary. The court also found that the dismissal of the application was appropriate and that the application was vexatious, misconceived, and without substance. Consequently, the appeal was dismissed. The court did not award costs against the appellant.