Ghosn v The Owners - Strata Plan No 87837 [2022] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghosn v The Owners - Strata Plan No 87837 [2022] NSWCATAP 175 Hearing dates: 16 May 2022 Date of orders: 26 May 2022 Decision date: 26 May 2022 Jurisdiction: Appeal Panel Before: The Hon D A Cowdroy AO QC, Principal Member L Wilson, Senior Member Decision: 1. The appeal is dismissed; 2. The stay granted on 14 March 2020 is lifted. Catchwords: APPEAL – Strata schemes – claim for appointment of compulsory strata manager resulting from breaches by owners corporation in the administration of a strata scheme – whether Tribunal erred in its discretion to decline to appoint compulsory strata manager. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Foong v Scutella [2021] NSWCATAP 225 Fox v Percy (2003) HCA 22 20003, 214 CLR 118 House v The King 1936 55 CLR 499 Prendergast v Midwestern Murray Irrigation Ltd 2014 NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Antoine Ghosn (Appellant) The Owners - Strata Plan No 87837 (Respondent) Representation: Appellant (self-represented) T. Dick (Agent)(Respondent) File Number(s): 2022/00070582 Publication restriction: Nil Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 February 2022 Before: S Hennings, File Number(s): SC 21/45791