Lee v The Owners – Strata Plan No. 56120 [2021] NSWCATCD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v The Owners – Strata Plan No. 56120 [2021] NSWCATCD 8 Hearing dates: 25 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. An order, under section 237(2)(b) of the Strata Schemes Management Act 2015, appointing Strata Real Estate Services Pty Ltd as strata managing agent, for a period of 1 year from the date of this order, to exercise all the functions of the chairperson, secretary, treasurer and strata committee of the Owners Corporation in relation to any matter relating to compliance with the orders made by the Tribunal on 04 October 2018 in the application with reference SC 17/53425, including but not limited to: (a) the engagement of contractors and any ancillary persons required to carried out the work covered by those orders, and (b) the raising of funds (by levies or strata loan) to enable payment of all contractors, costs and any other amount payable in order to achieve compliance with those orders. 2. An order, under section 229 of the Strata Schemes Management Act 2015, that the first respondent is provide a copy of these orders to: (a) any current member of the strata committee, and (b) any person who becomes a member of the strata committee during the period covered by order 1. 3. The second respondents are to pay the costs of the applicants on the ordinary basis, as agreed or assessed. 4. The Tribunal notes that each of the applicants is a party who was successful in these proceedings. 5. As against the first respondent, the application is dismissed. Catchwords: LAND LAW – Strata title – Appointment of compulsory strata managing agent – Limited to functions – Appointment of existing strata managing agent Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Property, Stock and Business Agents Act 2002 Strata Schemes Management Act 2015 Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Cripps v G & M Mawson [2006] NSWCA 84 Latoudis v Casey [1990] 170 CLR 534 Megerditchian v Kumond Homes Pty Ltd [2014] NSWCATAP 120 Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 News v Cotes [2019] NSWCATAP 186 Oshlak v Richmond River Council [1998] HCA 11 Siewa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 The Owners – Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97 The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Thompson v Chapman [2016] NSWCATAP 6 Unilodge Australia Pty Ltd v The Owners Strata Plan 54026 [2020] NSWCATCD, 29 April 2020 Category: Principal judgment Parties: Applicants: Stella Hoi Yi Lee, Tasman McManis, D R Levy Pty Ltd, Caroline Renee Stuckey, Roberta Carli, and Christopher McManamon.