The Owners Strata Plan No. 73943 v 2 Elizabeth Bay Road Pty Ltd [2013] NSWSC 1769
Decision: 29 November 2013
The Supreme Court held that a resolution passed after the commencement of urgent legal action ratifying the taking of that legal action was valid and had been passed within a reasonable time. It was also held that a failure to comply with section 80D(1) of the Strata Schemes Management Act 1996 (NSW) before commencing the legal action did not result in the legal action being a nullity and that the taking of the legal action was capable of being ratified subsequently.
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