25 HOSKINS AVENUE BANKSTOWN

LAND LAW — Strata title — Common property — Strata Schemes Management Act 2015 s 149 — Whether owners corporation had unreasonably refused to make a common property rights by-law LAND LAW — Strata title — Common property — Strata Schemes Management Act 2015 s 126 —Approval of alterations to common property — Submission of a by-law to a general meeting constitutes a sufficient request for approval

LAND LAW – Strata title – Owners corporation –Where NCAT authorises a by-law regularising the construction of an awning carried out without a resolution of the Owners Corporation by approving a by-law – Where Owners Corporation appeals to the Appeal Panel of NCAT and appeal has been set down for hearing – Where four lot owners, including the constructor of the contentious awning, requisition an extraordinary general meeting of the Owners Corporation to pass a resolution to discontinue the appeal – Where the resolution is passed by a bare majority of one, including the vote of the said owner – Application of the rule in Foss v Harbottle and an exception to it – HELD – Plaintiff granted leave to conduct NCAT appeal on behalf of Owners Corporation