Trentelman v The Owners – Strata Plan No. 76700 [2021] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trentelman v The Owners – Strata Plan No. 76700 [2021] NSWCATCD 73 Hearing dates: 22 April 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Consumer and Commercial Division Before: W Priestley, General Member Decision: 1. The application for an adjournment is refused. 2. Strata Plus Pty Ltd (ABN 30 096 175 709) ("Strata Plus") be appointed as managing agent for Strata Plan 76700, on the terms set out in the Strata Management Agency Agreement attached to the letter from its Managing director dated 21 April 2021, to exercise specified functions of the owners corporation pursuant to section 237 (1) (b) of the Strata Schemes Management Act 2015 to; (a) take steps to arrange payment to the applicant of the judgment debt in the amount of $87,786.50 as soon as practicable and by no later than 3 months from the date of this order; and (b) within 28 days of the date of this order, engage an auditor nominated by the Institute of Chartered Accountants Australia to undertake a comprehensive audit of the owners corporation's finances, legal expenditure and loan obligations, and provide a report on the owner's corporation's true financial position. 3. The applicant is to lodge with the Tribunal and give to the respondent written submissions of not more than 4 pages on the issue of costs, within 14 days of the date of these orders. 4. The respondent is to lodge with the Tribunal and give to the applicant written submissions of not more than 4 pages on the issue of costs, within 28 days of the date of these orders. 5. The applicant is to lodge with the Tribunal and give to the respondent, any submissions in reply, within 35 days of the date of these orders. 6. The parties are to indicate in their submissions if they consent to the Tribunal dispensing with a hearing on the issue of costs, pursuant to section 46 (2) of the Civil and Administrative Tribunal Act. If they do not consent, submissions are to be provided as to why an oral hearing on the issue of costs should be held, rather than the matter being determined on the papers. Such submissions should be lodged with the Tribunal and given to the other party, and be no more than one page in length. Catchwords: LAND LAW — Strata title — Strata managing agent — Auditor Legislation Cited: Strata Schemes Management Act NSW 2015 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Bischoff & Ors v Rita Sahade & Anr [2015] NSWCATAP 135 Caird Seven Pty Ltd v Minna Attia and Shopsmart Pharmacy Franchising Pty Ltd (No 3) [2016] NSWSC 1452 Cruz City 1 Mauritius Holdings v Unitech Limited & Ors [2014] EWHC 3131 (Comm) Donna O'Neill v T and I Engines Pty Ltd [2015] NSWCATAP 77 (7 May 2015) Trentelman v The Owners - Strata Plan 76700; The Owners - Strata Plan 76700 v Trentelman [2021] NSWSC 155 Category: Principal judgment Parties: Natalia Trentelman (Applicant) The Owners – Strata Plan No. 76700 (Respondent) Representation: Counsel: T David (Applicant) J Mee (Respondent)