Newland v The Owners - Strata Plan No. 576 [2021] NSWCATCD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Newland v The Owners - Strata Plan No. 576 [2021] NSWCATCD 86 Hearing dates: On the Papers Date of orders: 15 February 2021 Decision date: 15 February 2021 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: Pursuant to section 63 of the Civil and Administrative Tribunal Act 2013 (NSW) the Registrar is directed to alter the text of the orders made on 4 January 2019 to read as follows: (1) An order is made pursuant to the provisions of s 237 Strata Schemes Management Act 2015 appointing Vital Strata Management Pty Ltd is appointed as compulsory strata managing agent for The Owners-Strata Plan 576. The appointment shall be on the terms and conditions as set out in the Strata Management Agency Agreement dated 8 November 2018. (2) Vital Strata Management Pty Ltd shall exercise all of the functions of the Owners Corporation, including the functions of the chairperson, treasurer, secretary and the strata committee. (3) The appointment is to be for a period of two (2) years commencing on the date of the orders (4 January 2019). Catchwords: PRACTICE AND PROCEDURE – Power to correct errors in Decisions of the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Dixonbuild Pty Ltd v Adams [2020] NSWCATAP 190 Texts Cited: Nil Category: Procedural rulings Parties: Jan Newland (First Applicant) LD Beston (Aust) Pty Ltd (Second Applicant) Richard Dalimore (Third Applicant) The Owners – Strata Plan No. 576 (Respondent) Dee Mahon, Natalie Helm, Deborah Bassett, Yucon Zhang, Xian Zhang and Descol Pty Ltd, Benoit de Tarle (Joined Parties) Representation: File Number(s): SC18/33922 Publication restriction: Nil