Lu v Community Association DP 270682 [2022] NSWCATCD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lu v Community Association DP 270682 [2022] NSWCATCD 47 Hearing dates: 21 February 2022 Date of orders: 01 March 2022 Decision date: 01 March 2022 Jurisdiction: Consumer and Commercial Division Before: Graham Ellis SC, Senior Member Decision: 1. The application is dismissed. 2. Any application for costs, supported by any evidence and submissions not exceeding five pages in length, is to be provided to the Tribunal and the other party on or before 15 March 2022. 3. Any response to any such application, supported by any evidence and submissions not exceeding five pages in length, is to be provided to the Tribunal and the other party on or before 29 March 2022. 4. Any such submissions are to indicate whether the party agrees that costs can be determined on the papers, without a further hearing. Catchwords: COMMUNITY ASSOCIATION – Whether to appoint a compulsory managing agent – Compliance with Act and by-laws – Conduct by executive committee members – New managing agent already appointed Legislation Cited: Building and Construction General On-Site Award 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Land Management Act 1989 (NSW) Community Land Management Regulation 2021 (NSW) Property and Stock Agent Regulation 2014 (NSW) Public Health (COVID-19 Gathering Restrictions) Order (No 2) 2021 (NSW) Strata Schemes Management Act 2015 (NSW) Work Health and Safety Regulation 2017 (NSW) Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Falvey v Community Association DP 270469 NSW CTTT 410 (15 August 2013) 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: Guitang Lu (Applicant) Community Association DP 270682 (Respondent) Representation: Applicant (Self-represented)