The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9 Hearing dates: 21 September 2021 Date of orders: 13 January 2022 Decision date: 13 January 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member D Robertson, Senior Member Decision: The appeal is dismissed. Catchwords: APPEALS - Standing of lot owners to bring appeal on behalf of Owners Corporation where strata manager appointed by Tribunal with plenary powers LAND LAW – Strata Title – Strata managing agent – Compulsory appointment of strata managing agent – Strata managing agent appointed with plenary powers Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Carre v Owners Corporation - SP 53020 [2003] NSWSC 397 Foss v Harbottle (1843) 2 Hare 461; 67 ER 189 Owners Corporation SP 47027 v Peter Clisdell Pty Ltd [2017] NSWCATAP 188 Tan v The Owners Strata Plan 22014 (No 2) NSWSC 1920 The Owners – Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 Texts Cited: None cited Category: Principal judgment 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 (Appellants)