The Bunker Pty Ltd v The Owners – Strata Plan No. 63731 [2021] NSWCATCD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Bunker Pty Ltd v The Owners – Strata Plan No. 63731 [2021] NSWCATCD 66 Hearing dates: 9, 10 and 11 December 2020 Date of orders: 24 February 2021 Decision date: 24 February 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 Wellman Strata Management Pty Ltd as strata managing agent, for a period of 2 years 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: (a) lot 148 and/or 167, (b) the registered proprietor of either of those lots, or (c) any tenant, lessee or licensee or either of those lots not being a matter that affects all lot owners. 2. An order under section 229 of the Strata Schemes Management Act 2015 that the Second 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. On or before 10 March 2021 any application for costs is to be made by providing written submissions to the Tribunal and the other parties. 4. On or before 24 March 2021 any response to any such application is to be made by providing written submissions to the Tribunal and the other parties. 5. Any submissions on costs are to address the question of whether costs can be determined on the papers (ie without the need for a further hearing). Catchwords: LAND LAW – Strata title – Appointment of compulsory strata managing agent – Limited to strata committee functions – Matters relating to specific lot owners only Legislation Cited: Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Anderson v The Owners – Strata Plan No. 61034 [2019] NSWCATAP 61 Bischoff v Sahade [2015] NSWCATAP 135 Hoare v The Owners – Strata Plan No 73905 [2018] NSWCATCD 45 Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 Siewa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 Texts Cited: Nil Category: Principal judgment Parties: The Bunker Pty Ltd (Applicant) The Owners - Strata Plan No. 63731(First Respondent) McCormack's NSW Pty Ltd trading as McCormack's Strata Management (Second Respondent) Representation: Counsel: R Lovas and Mr F Anwar (Applicant) T Thomas (First Respondent) Solicitors: Wilshire Webb Staunton Beattie (Applicant) Colin Biggers and Paisley (First Respondent) File Number(s): SC 20/06562 Publication restriction: Nil