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In the interest of keeping the readers of this website properly informed (rather than scoring points to win an argument) I have found the evidence that supports Wirihana’s case and undermines mine:
In this matter, an appeal against an adjudication that a decision to pass an exclusive use by-law did not stand because the EGM at which it was passed was not called by a properly constituted executive committee meeting.
I present this with the following cautions: Decisions of the CTTT (as was) were generally not taken as legal precedents, even in the CTTT. The by-law declared iinvalid, did affect other owners, removing an option for the Member not to make a ruling; a special resolution by-law is a serious matter that has continuing implications for an owners corporation.
Moving on, if anyone can provide definitive examples of where proxies have been disallowed or otherwise at the CTTT or NCAT because they were too late for the first meeting but still considered invalid for the second, let’s hear them. Otherwise this issue is closed.
