Stratamark Pty Ltd

SP468 · 206 VICTORIA ROAD BELLEVUE HILL, BELLEVUE HILL

PROPERTY LAW - Authority of Owners Corporation to take legal action to recover outstanding levies - failure to pay levies contra to Strata Schemes Management Act - defence struck out at Local Court - denied permission to amend or re-plead defence - whether applicant denied procedural fairness - whether commencement of legal action by Owners Corporation valid - whether Magistrate justified in determining proceedings relating to the commencement of legal action where "no evidence" is before the Court - appeal proceedings limited to the question of costs pursuant to s.80D - liability for principal sum admitted - breach of procedural fairness - no disadvantage from the alleged failure to permit plaintiff to re-lead a defence