Velastegui v Chan [2021] NSWCATCD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Velastegui v Chan [2021] NSWCATCD 98 Hearing dates: 20 August 2021 Date of orders: 06 September 2021 [amended 7 September 2021] Decision date: 06 September 2021 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: The Notice of Order issued on 6 September 2021 is amended under Section 63 of the Civil and Administrative Tribunal Act 2013, and should read as follows: 1. An order, under ss 237(1)(a) and 237(2)(a) of the Strata Schemes Management Act 2015, appointing Strata Plus Pty Ltd as strata managing agent, from the date of this order up to the commencement of the next Annual General Meeting of the owners corporation, to exercise all the functions of the owners corporation and all the functions of the chairperson, secretary, treasurer and strata committee of the owners corporation in relation to strata scheme number 36811 upon the terms and conditions set out in the Strata Management Agency Agreement provided under cover of its letter dated 16 August 2021. 2. An order, under s 229 of the Strata Schemes Management Act 2015, that a copy of these orders and reasons be provided by the registry to Strata Plus Pty Ltd via email to XXX, marked for the attention of Mr David Ferguson. 3. An order, under s 232(1)(e) of the Strata Schemes Management Act 2015, granting a licence to the owner of Lot 1 to park the vehicle with registration XXX outside the Lot 1 garages. 4. The application is otherwise dismissed. Catchwords: LAND LAW - Strata title - Challenges to decisions of strata committee - Appointment of compulsory strata managing agent Legislation Cited: Property, Stock and Business Agents Act 2002 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Hoare v The Owners – Strata Plan No 73905 [2018] NSWCATCD 45 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 Texts Cited: Nil Category: Principal judgment Parties: Alison Velastegui (Applicant) Linda Chan (First Respondent) The Owners – Strata Plan No SP36811(Second Respondent) Victoria Bautista (Third Respondent) Jane Chujun Gu (Fourth Respondent) Representation: Applicant (Self represented) First Respondent (Self represented) Third Respondent (Self represented) Fourth Respondent (Self represented) File Number(s): SC 21/16147 Publication restriction: Nil