The Owners – Strata Plan 2010 v Kahn [2021] NSWCATAP 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 2010 v Kahn [2021] NSWCATAP 243 Hearing dates: 27 July 2021 Date of orders: 2 August 2021 Decision date: 16 August 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: Pursuant to s 43(3) of the Civil and Administrative Tribunal Act 2013 (NSW), the appointment of a compulsory manager by order of 9 June 2021 in SC 20/16091 is now subject to the following condition: (i) Pending further order of the Appeal Panel or determination of the appeal (whichever is the earlier in time), the strata manager may not grant any right of exclusive use or enjoyment of the whole or any part of the common property, pursuant to s 237(5) of the Strata Schemes Management Act 2015 (NSW). Catchwords: PRACTICE AND PROCEDURE – stay application – compulsory appointment of strata manager Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 Category: Procedural rulings Parties: The Owners – Strata Plan 2010 (Appellant) Irene Stasos (Appellant) Michael Stasos (Appellant) Mediterranean Estate Pty Ltd (Appellant) N & J Stavrou Pty Ltd (Appellant) Joel Willie Kahn (Respondent) Representation: Counsel: K Ginges, instructed by Legal Made Easy (Appellants)