2 ELIZABETH BAY ROAD ELIZABETH BAY

EXCLUSIVE USE - unreasonably refused

CORPORATIONS - commencement of proceedings by owners corporation without authority - effect of ratification by general meeting STATUTORY CONSTRUCTION - whether Strata Schemes Management Act 1996 (NSW), s 80D required obtaining approval for litigation before commenced - construction of Act as a whole - use of dictionary definitions - whether proceedings commenced without prior approval invalid or a nullity STRATA TITLE - proceedings commenced by owners corporation without prior approval at general meeting - general meeting subsequently approves litigation - whether contravention of Strata Schemes Management Act 1996 (NSW), s 80D - whether effect of contravention that proceedings be stayed or dismissed

CIVIL LAW - strata plan - dispute between owner of penthouse and owners corporation - construction of by-law under strata plan - whether by-law provided for exclusive use and enjoyment of elevator - whether elevator exclusively serviced a particular unit - whether tribunal erred in using extrinsic material to construe the by-law - whether tribunal erred in its use of technical specifications as to the programming of lift - relevance of the history of use of lift by occupants of building - whether history of use of lift established that lift exclusively serviced particular unit - leave to appeal - where elevator the only lift capable of carrying a stretcher and large furniture - whether appeal raised a question of law or fact