Does the winner in an NCAT battle have to share the losing EC’s costs?

As stated in my post above I have been awarded a costs order at NCAT.

Last Friday I received a notice of an EGM to be convened shortly (despite there being an AGM due any day now). The only matter on the agenda at the EGM is for the OC to vote either to pay my costs, or to engage a Strata Lawyer in order to appeal the decision and related costs order that was granted in my favour.

Seeing as I, being the successful party am not to be included in contributing financially to any special levy raised in relation to this matter I am questioning why I was sent the meeting notice? The meeting notice did not state that I am not a contributing party to the levy.

I know as part of the OC I’m entitled to attend an EGM, but would have thought that because this EGM is solely to discuss this one matter of which I am the opposing party, having me attend is counter intuitive, is the meeting not legally privileged?

Of course I don’t mind attending the EGM to see what is discussed, but it would be obvious as to how I would vote. I don’t want to take the time to turn up at the meeting just to be told I can’t take part. Can someone please give me their opinion on this?

Thanks Jimmy,

I will attend (probably with my solicitor) because the OC will have theirs there.

The AGM is due any day. I’ve asked what the anniversary date is so that the  AGM takes place within 11 or 13  months from the first AGM,  and I’ve also asked why this is an EGM (which costs the OC for the attendance of the SM) and not an AGM – as usual no response, except to be told a response will come from their solicitor “following” the EGM…… seems like the democratic “vote” to engage the solicitor in this matter is a foregone conclusion!

Two of the units have sold recently, but the 42 day standard settlement period has not elapsed as yet, and won’t have done by the time the meeting is convened.

I’m expecting the new owners to attend the EGM, because, as you no doubt know, a NSW Law Society standard form sales contract for a unit states that prospective owners need to be aware of an EGM in order to attend and be able to vote (in place of the outgoing owner) on paying a special levy that will be payable after the sale has been finalised.

Hopefully the new owners will bring a “changing of the guard” to the EC and all the ridiculous amounts of Owners Corporation money spent on legal fees by the current EC/OC to contest orders that I have been successful in, can stop (it is the Secretary of the EC who has sold one unit).

My solicitor has said “you only fight the battles you know you can win”, I wish my current OC/EC used the same mantra!

Thanks Guys for your useful responses, there have been some developments since the EGM which have muddied the waters even more.

There was a motion on the agenda for the EGM to engage a strata law firm to lodge the appeal against my costs order, (the OC’s lawyer was in attendance) this motion  was passed.  Another alternative motion on the agenda was to vote to pay my costs as per the NCAT order, this motion was defeated. One final motion was to vote to raise a special levy to pay for the legal costs (the motion did not specify whether the costs were for my legal fees or the Strata Lawyers) for all units to contribute (including me) which was passed. 

I have received a letter saying that the OC are now willing to pay me my costs, and I will not have to contribute even though this motion was defeated at the EGM. 

The Strata Manager has informed me it was discussed to pay me after all with those owners present at the EGM after I left the meeting and after the meeting was formally closed. 

Is it allowed for this decision to be made without all persons present at the initial meeting being present to make this altered decision?  It may seem like I should just take the offer and run,  but I think it could be more complicated because two of the units in my block of 6 have sold recently, so it is the new owners who would be liable to pay the special levy, not the ones who have sold, one of whom happens to be one of the EC members who started the whole mess in the first place.

It will be very hard to persuade two new owners that I should be paid my costs for a matter they had nothing to do with, and could quite probably cause a rift with my new neighbours before they even have time to move in properly.

Thanks for responding Jimmy.  Can the decision be made by some owners outside of the EGM forum to pay my costs rather than paying the OC’s lawyers costs? especially considering the motion to pay me was defeated at the EGM.