The Owners - Strata Plan No 1813 v Keevers, Bourke & Fardell (No 2) [2021] NSWCATAP 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 1813 v Keevers, Bourke & Fardell (No 2) [2021] NSWCATAP 229 Hearing dates: On the papers (in part) & Hearing on 22 July 2021 Date of orders: 22 July 2021 Decision date: 30 July 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: 1. Vary orders 1 and 2 of the Tribunal's orders made in proceedings SC 19/28242 such that the appointment of Rollings and Tyrell Pty Ltd as strata managing agent under order 1 terminated on 28 May 2021. 2. Set aside order 1 in proceedings SC 19/28238 and order 1 in proceedings SC 19/28234 save to the extent that each order required payment of a levy referable to the repair work required to the common stairs in the sum of $80,000 by each of Lots 16 and 17 making payment in the amount of $19,200 and each of Lots 15 and 18 making payment in the amount of $20,800 by the due date of 1 July 2020. 3. Remit to a differently constituted Tribunal for redetermination, consistently with the Appeal Panel's decision dated 12 May 2021, all claims made in proceedings SC 19/28242, 19/28238 and 19/28234 concerning: the special levy of $980,000 raised by the appellant on 28 November 2017 unrelated to the levy the subject of the order referred to in order (2) above requiring payment of $80,000; the appointment of a compulsory strata manager pursuant to s237 of the Strata Schemes Management Act 2015; ordinary levies allegedly unpaid by the owners of Lot 16. 4. Remit also to the same differently constituted Tribunal for redetermination the question of the costs of the proceedings at first instance the subject of the Tribunal's decision on 25 May 2020. 5. Such redetermination by the Tribunal is to be based upon the evidence adduced to the Tribunal in relation to its decision made on 25 May 2020 and such further evidence as the Tribunal may allow. 6. The SPG Appellants' costs of the appeal are to be paid by the respondents. Catchwords: APPEALS-orders consequential upon substantive decision-remittal of claims for redetermination-costs COSTS - -costs of the appeal follow the event-substantial success by the appellant LAND LAW - Strata title –orders consequential upon substantive decision-set aside appointment of compulsory strata manager-set aside orders varying amount of the levy Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW). Strata Schemes Management Act 2015 (NSW) Cases Cited: Grain Growers Limited v Chief Commissioner of State Revenue (No 2) [2015] NSWSC 1445 Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45 Rekrut and Scott v Champion Homes Sales Pty Ltd; Champion Homes Sales Pty Ltd v Rekrut and Scott [2018] NSWCATAP 97 The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130. Texts Cited: None cited Category: Consequential orders Parties: The Owners – Strata Plan No 1813 (First Appellant) Sarraf Property Group Pty Ltd (Second Appellant) Konn Palonis (Third Appellant) Francis John Keevers (First Respondent) Peta Bourke (Second Respondent) Joanne Fardell (Third Respondent) Representation: Counsel: G Sirtes SC (Second & Third Appellant) S Phillips (First Respondent)