34 KINGS CROSS ROAD POTTS POINT

STRATA TITLES - appeal from Local Court - order made for unpaid levies "special levies" pursuant to s 76(4) of the Strata Schemes Management Act 1996 (SSM Act) - order made by Local Court for expenses incurred in recovering unpaid levies pursuant to s 80(1) of the SSM Act based on estimate of costs provided by owners corporation's solicitors GROUND 1 - the Local Court erred in upholding the levy under s 76(4) - special levy validly raised by owners corporation by reason that it was faced with other expenses it could not at once meet from its administrative or sinking fund - evidence before Local Court that owners corporation had been issued with Fire Safety Order by the council - evidence that estimate provided to owners corporation by a consultancy as to cost of complying with the Order - evidence available that the financial position of owners corporation before special levy raised would not be sufficient to meet the cost of the estimate - s 76(4) must be considered in context of the SSM Act including ss 75, 75A and the other subsections of 76 - s 76(4) must be construed in terms of an "estimate" rather than a particular total cost - ground not made out GROUND 2 - the Local Court erred in awarding expenses under s 80 of the SSM Act - owners corporation was entitled pursuant to s 80 to recover expenses incurred in recovering unpaid levies - evidence before Local Court insufficient to establish the proper quantum of expenses in relation to legal costs - appropriate course is for legal costs to be assessed - parties permitted to file affidavit evidence and submissions as to the quantum of s 80 expenses claimed in the Local Court