James v The Owners Strata Plan No 11478 [2017] NSWCA 166 (10 July 2017)
APPEAL – leave to appeal – litigant in person – allegations of negligence, oppression and fraud on minority concerning conduct and management of strata scheme by Owners Corporation rejected on bases including failure to prove loss/detriment– where applicant sought to refer to expert evidence not used at trial – no evidence why not available at trial – whether leave to appeal should be granted.
PRACTICE AND PROCEDURE – procedural fairness – where primary judge refused numerous adjournment applications by litigant in person claiming to be not fit to conduct case – where primary judge afforded litigant in person latitude in conduct of case – whether denial of procedural fairness warranting grant of leave to appeal.
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2017/166.html
Hi, if the majority of owners corporation votes not to proceed with a substantial amount $’s of building works and one owner disputes the decision at a later date. Does that owner have any right to claim a fraud on minority case?
Hi Christopher, if the building work is “repair and maintenance”, you don’t need to claim fraud on the minority. In NSW, you can apply to the NSW Civil and Administrative Tribunal for an order forcing the Owners Corporation to meet its duty under section 106 of the Strata Schemes Management Act to repair and maintain the common property.