Perpetual Strata Management Pty Ltd v The Owners – Strata Plan no 97977 [2020] NSWCATAP 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Perpetual Strata Management Pty Ltd v The Owners – Strata Plan no 97977 [2020] NSWCATAP 228 Hearing dates: 27 October 2020 Date of orders: 4 November 2020 Decision date: 04 November 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member A Boxall, Senior Member Decision: The appeal is dismissed. Catchwords: LAND LAW – strata title – strata managing agent – fees– no evidence of work done for and reasonableness of fees charged – work for which fees charged included in annual base fee Legislation Cited: Nil Cases Cited: Moloney v Taylor [2016] NSWCA 199 Texts Cited: Nil Category: Principal judgment Parties: Perpetual Strata Management Pty Ltd (Appellant) The Owners – Strata Plan no 97977 (Respondent) Representation: Counsel: J D Williams (Appellant)

Solicitors: Swaab, Solicitors (Appellant) A narwaz (Strata Committee Chairperson) (Respondent) File Number(s): AP 20/30975 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 17 June 2020 Before: C Campbell, General Member File Number(s): GEN 19/56252

REASONS FOR DECISION 1. This is an appeal by a strata management company from an order that it repay to a body corporate the sum of $9,300 which the appellant had deducted from funds owned by the respondent but held by the appellant. The $9,300 was said to have been deducted as payment for services rendered, but were deducted in the absence of a signed, written strata management agency agreement between the appellant and the respondent. 2. For the reasons that follow we are of the opinion that the appeal should be dismissed.