Larsen v The Owners - Strata Plan No. 3573 [2022] NSWCATCD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larsen v The Owners - Strata Plan No. 3573 [2022] NSWCATCD 43 Hearing dates: 18 November 2021 and 28 January 2022 Date of orders: 03 March 2022 Decision date: 03 March 2022 Jurisdiction: Consumer and Commercial Division Before: G Kinsey, General Member Decision: 1 The application for the appointment of a compulsory strata manager under section 237 of the Strata Schemes Management Act 2015 is dismissed. Catchwords: LAND LAW — Strata title — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Hoare and Ors v The Owners- Strata Plan No 73905 [2018] NSWCATCD 45 Maple v The Owners Strata Plan No 8950 [2021] NSWCATCD 108 Texts Cited: Nil Category: Principal judgment Parties: Bengt Larsen (First Applicant) Robert Ball (Second Applicant) The Owners - Strata Plan No. 3573 (Respondent) Representation: First and Second Applicant (Self-represented) Y Lee (Respondent) File Number(s): SC21/37065 Publication restriction: Unrestricted

REASONS FOR DECISION

The Parties 1. The Applicants are the owners of lots 7 and 8 in Strata Plan 3573. 2. The Respondent is the Owners Corporation of Strata Plan No 3573. The strata scheme is a mixed commercial and residential development situated at 237-245 Maroubra Road Maroubra. For the sake of convenience the Respondent shall hereinafter be referred to as "the OC". 3. The Applicants appeared in person at the hearing. 4. The OC was represented by the secretary of the Owners Corporation Yuen Lee.