VCAT Case Update – Collins v Network Pacific Strata Management Pty Ltd (Owners Corporations)
A Committee Member of the Owners Corporation for the development at 46-50 Haig Street, South Bank made an application to the Victorian Civil and Administrative Tribunal (VCAT) to resolve an Owners Corporation Dispute.
The dispute included the following. A lot owner and Committee Member of the Owners Corporation for the development at 46-50 Haig Street, South Bank (shown in photo) made an application to the Victorian Civil and Administrative Tribunal (VCAT) to resolve an Owners Corporation Dispute. The dispute included, but was not limited to:
- An allegation that the Annual General Meeting Minutes recorded a resolution that restricted the Committee’s power to engage or terminate the Owners Corporation Manager, in circumstances where that resolution had not been passed by the members at the Annual General Meeting; and
- An application by the Committee Member to be able to ‘stand in the shoes’ of the Owners Corporation in order to prosecute a claim against the Owners Corporation’s Manager for an order terminating its management services.
VCAT decided that the first issue did not require determination because by the time of the hearing, the Owners Corporation had already passed a new resolution removing the Committee’s restriction on their delegated powers to make decisions on behalf of the Owners Corporation.
In addition, VCAT decided that for various reasons relating to the particular circumstances of the case, it would not grant the order authorising the lot owner to prosecute a claim against the Manager on behalf of the Owners Corporation.
To read the full case VCAT Case Reference: Collins v Network Pacific Strata Management Pty Ltd (Owners Corporations) [2017] VCAT 499 (10 April 2017)
Who was the VCAT Member that decided this case? VCAT Member D. Calabro
Tisher Liner FC Law has a specialist Owners Corporation legal division dedicated to providing practical expert advice to Owners Corporations in Melbourne. If your Owners Corporation wants to clarify its legal obligations or requires effective legal representation please contact Phillip Leaman.
NOTICE: This blog is for information purposes only and the material appearing on this blog is not intended to be nor should it be relied on as legal advice or a substitute for legal or other professional advice. Liability limited by a Scheme approved under Professional Standards Legislation. Published 8 May 2017.
