The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2022] NSWCATCD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2022] NSWCATCD 20 Hearing dates: 15-17, 19 November 2021 (last submissions 14 January 2022) Date of orders: 17 January 2022 Decision date: 17 January 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. Pursuant to s 72(1)(a) of the Strata Schemes Management Act 2015, the caretaker agreement between the applicant and the respondent is terminated. 2. Pursuant to s 72(1)(d) of the Strata Schemes Management Act 2015, the respondent is to sell Lots 107 and 109 in accordance with Schedule 1. 3. If either party seeks to vary order 2 and/or Schedule 1: (a) any submissions seeking a variation are to be filed and served by 31 January 2022, (b) any submissions in reply are to be filed and served by 14 February 2022, and (c) any such submissions are to indicate whether it is agreed that the Tribunal should dispense with a hearing for that issue, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 4. Pursuant to s 72(1)(d) of the Strata Schemes Management Act 2015, on or before 5pm on Friday 21 January 2022 the respondent is to provide the secretary of the applicant with the password for the digital video recording system. 5. Should either party seek an order for costs: (a) any submissions seeking an order for costs are to be filed and served by 28 January 2022, (b) any submissions in reply are to be filed and served by 14 February 2022, and (c) any such submissions are to indicate whether it is agreed that the Tribunal should dispense with a hearing for that issue, pursuant to s 50(2) of the Civil and Administrative Tribunal act 2013. Catchwords: LAND LAW – Strata title – Building manager – Whether caretaker agreement should be terminated -Whether saving provision applies – Whether ancillary orders should be made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Local Government Act 1993 (NSW) Strata Schemes Amendment Act 2002 (NSW) Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 1996 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Attorney-General for the State of Queensland v Australian Industrial Relations Commission [2002] HCA 42 Australia City Properties Management Pty Ltd v The Owners – Strata Plan No 65111 [2021] NSWCA 162 Body Corporate 396711 v Sentinel Management Ltd [2012] NZHC 1957 Briginshaw v Briginshaw [1938] HCA 34 Community Association DP No 270180 v Arrow Asset Management Pty Ltd [2007] NSWSC 527 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 Corporate Property Maintenance NSW Pty Limited v The Owners - Strata Plan No 81647 [2014] NSWDC 22 Jones v Dunkel [1959] HCA 8 Mahon v Air Zealand [1984] 1 AC 808 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 OC SP 81647 v Corporate Property Management NSW Pty Ltd [2013] NSWCTTT 351 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Ltd [2015] NSWSC 289 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 The Owners Corporation – Strata Plan 64807 v BCS Strata Management Pty Ltd [2020] NSWSC 1040 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 64807 (Applicant) Sunaust Properties Pty Ltd (Respondent) Representation: Counsel: R Gration (Applicant) E Young (Respondent)