1/43-45 NORTH STEYNE MANLY

CONTRACT – STRATA SCHEMES – strata management statement – construction of clauses within statement – whether failure to pay in accordance with statement gives rise to cause of action – BREACH – whether statement breached by failure to pay in accordance with “payment notice” – whether auditor validly appointed WORDS AND PHRASES – meaning of “duly audited” – “reasonable details” – purpose of having “duly audited payment notice” JURISDICTION – whether District Court of NSW has jurisdiction to determine claim for equitable contribution – matter remitted to District Court of NSW by the Supreme Court of NSW

DISTRICT COURT – jurisdiction in equity proceedings – whether District Court empowered to determine equitable claim or demand for recovery of money or damages – whether District Court must transfer proceedings to the Supreme Court – pending Court of Appeal decision