289-295 SUSSEX STREET SYDNEY

REAL PROPERTY – strata scheme for a residential and commercial building – application of Strata Schemes Management Act 1996 (NSW) – effect of non-compliance with notice requirements for a meeting of the executive committee specified in Sch 3, cl 6 – whether resolution passed by Executive Committee in breach of ss 65A and 80A – whether Executive Committee has authority to instruct legal representatives to settle legal proceedings PROCEDURE – consent orders – whether consent orders may be set aside – orders already entered – circumstances in which orders may be set aside – whether court has a discretion to set aside orders when basis for setting aside the order has been established AGENCY – ostensible authority – whether senior counsel has ostensible authority to enter settlement agreement – whether parties acted in reliance on representation of authority – whether no question of ostensible authority as a result of the principle that estoppel does not operate against a statute

REAL PROPERTY – Strata title – Management and control – Whether meeting of Executive Committee invalid because of failure to give notice in compliance with Strata Schemes Management Act 1996 (NSW), Sch 3, cl 6 – Whether Executive Committee lacked authority to instruct counsel to enter into settlement agreement due to subject matter of agreement CONTRACTS – Principal and agent – Authority of agents – Whether counsel for Owners Corporation lacked authority to make settlement agreement on behalf of Owners Corporation – Whether Owners Corporation ratified settlement agreement through conduct and acquiescence PROCEDURE – Judgments and orders – Amending, varying and setting aside orders – Source of power to set aside consent orders WORDS AND PHRASES – “must” – Strata Schemes Management Act 1996 (NSW), Sch 3, cl 6