Foong v Scutella [2021] NSWCATAP 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foong v Scutella [2021] NSWCATAP 225 Hearing dates: 8 April 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President J Currie, Senior Member Decision: (1) Appeal dismissed. (2) If any of the Respondents seeks an order for costs of the appeal they must within 21 days file and serve submissions in support of such an order. (3) If any of the Respondents complies with order 2 above, the Appellants must within 21 days thereafter file and serve submissions in opposition to the application for costs of the appeal. (4) The costs submissions must include a submission as to whether the Appeal Panel may determine costs "on the papers" and make an order that a hearing on costs be dispensed with. Catchwords: LANDLAW – strata title – appointment of compulsory manager to strata scheme, whether appointment possible in light of appointment of existing strata manager, whether appointment possible when no meeting has occurred under s 237(6) Legislation Cited: Strata Schemes Management Act 2015 (NSW) Civil & Administrative Tribunal Rules Strata Schemes Management Act 1996 Public Health (COVID-19 Gatherings) Order 2020 Strata Schemes Management Regulation 2016 Public Health Act 2010 Cases Cited: Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416 Bischoff v Sahade [2015] NSWCATAP 135 The Owners – Strata Plan 5709 v Andrews [2009] NSWCA 189 Mortlock v Owners Strata Plan 55434 (2006) NSWSC 363 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Zulka v Burbank; Mainwaring v Phillip (2018) 53475 2 Elizabeth Bay Road Pty Ltd v Owners – Strata Plan No 72943 [2014] NSWCA 409 Texts Cited: Nil Category: Principal judgment Parties: Joseph Foong, Chuk Ha Foo, Steven Lau, Williamto Hong, Ruly Ganardi (Appellants)