The Owners Corporation – Strata Plan 64807 v BCS Strata Management Pty Ltd [2020] NSWSC 1040

Supreme Court New South Wales

Medium Neutral Citation: The Owners Corporation – Strata Plan 64807 v BCS Strata Management Pty Ltd [2020] NSWSC 1040 Hearing dates: 7 August 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Equity - Duty List Before: Williams J Decision: The Court does not have jurisdiction to determine the matters in prayers 2, 3, 4 and 5 of the Summons filed on 4 August 2020. The balance of the proceeding is transferred to the Consumer and Commercial Division of the NSW Civil and Administrative Tribunal. Catchwords: COURTS AND TRIBUNALS – jurisdiction – jurisdiction of Supreme Court and NSW Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5(3) – where proceeding commenced in NSW Civil and Administrative Tribunal ("NCAT") concerning the validity of an annual general meeting called by the managing agent of a strata scheme – where another proceeding is subsequently commenced in the Supreme Court raising substantially the same issues – whether the Court has jurisdiction to hear and determine those issues in light of the previously commenced NCAT proceeding – no jurisdiction to hear and determine those issues PRACTICE AND PROCEDURE – transfer – transfer from Supreme Court to NSW Civil and Administrative Tribunal ("NCAT") – where prayer for relief in summons claims an order for the managing agent of a strata scheme to deliver up to the chairman of the strata committee a list of owners and their contact details – where NCAT has jurisdiction to determine such claim – whether appropriate to transfer claim to NCAT for determination – proceeding transferred Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 39, Sch 4 clls 5 and 6 Evidence Act 1995 (NSW), s 136 Strata Schemes Management Act 2015 (NSW), ss 8, 24, 181, 188, 226, 232, 237, 238, 240, 241 Cases Cited: Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Ltd (2015) 18 BPR 35,471; [2015] NSWSC 289 The Owners – Strata Plan No. 54026 v Ternes [2019] NSWSC 1579 Category: Principal judgment Parties: The Owners Corporation – Strata Plan 64807 (Plaintiff) BCS Strata Management Pty Ltd (Defendant) Representation: Counsel: Mr P Beazley, solicitor (Plaintiff) Mr D D Knoll AM (Defendant)