Proposed Special Resolution:

That, for the purposes of section 18 of the Owners Corporations Act 2006 (Vic), Owners Corporation 2 Plan No. PS419703E resolves by special resolution to commence, file, maintain and prosecute a counterclaim against Corinella Airconditioning & Electrical Pty Ltd ACN 166 154 561 in the proceeding commenced by Corinella Airconditioning & Electrical Pty Ltd against Owners Corporation 2 Plan No. PS419703E in the County Court of Victoria, proceeding number CI-26-00346.

The counterclaim is authorised to include claims arising out of or in connection with:

  1. the agreement made between Owners Corporation 2 Plan No. PS419703E and Corinella Airconditioning & Electrical Pty Ltd for the supply and installation of a Mitsubishi Electric VRF air-conditioning system and associated works at 370 St Kilda Road, Melbourne, Victoria;
  2. the works performed or to be performed by Corinella Airconditioning & Electrical Pty Ltd;
  3. any alleged breach, repudiation, defective work, incomplete work, overpayment, unapproved variation, misrepresentation, misleading or deceptive conduct, restitutionary claim, access issue, control system issue, loss or damage arising out of or in connection with that agreement, those works or the matters in dispute in County Court proceeding CI-26-00346; and
  4. any further or amended claim, cause of action, allegation, relief or remedy arising out of or in connection with the matters referred to above, including any matter identified after this resolution is passed.

The counterclaim is authorised to seek damages, restitution, repayment of monies, declarations, interest, costs and such further or other relief as the Court considers appropriate.

That Owners Corporation 2 Plan No. PS419703E authorises its manager, committee, chairperson and secretary, as applicable, to instruct the Owners Corporation’s solicitors and counsel and to take all steps reasonably necessary or desirable to give effect to this special resolution, including to prepare, settle, sign, file, serve, amend and prosecute the counterclaim, give instructions, obtain expert evidence, participate in interlocutory applications, mediations and settlement negotiations, and do all things incidental to the commencement, conduct, amendment, prosecution, settlement or resolution of the counterclaim.

Important.

  • Forms submitted after 5pm Friday 12th of June 2026 will be ruled invalid.
  • Votes will be tabulated according to the unit and proxies nominated by the voter in this form (regardless of any other units they own or proxies they hold).
  • Owners are advised that they have the right to appoint a proxy for this ballot. Submit a proxy here.
  • Rama Murugesu is the returning Secretary for this ballot.

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