Chen v The Owners - Strata Plan No. 7262 [2022] NSWCATCD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v The Owners - Strata Plan No. 7262 [2022] NSWCATCD 58 Hearing dates: 29 April 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Consumer and Commercial Division Before: K Andronos SC, Senior Member Decision: (1) Pursuant to s. 188 of the Strata Schemes Management Act 2015 (NSW) the Respondent is to permit the Applicants to inspect the following documents at the offices occupied by Mr Geoffrey Kong and/or entities associated with him at XXX Sussex Street (the Inspection Premises): (a) The originals of any document comprised in the records of the Respondent which purports to bear the signature of either or both of the Applicants; (b) The originals of any tax invoice, certificate of insurance or statement of account held in the Respondent's records relating to the period 1 July 2016 to 31 December 2021; (c) The originals of each of the documents described as supporting documents in Exhibit 1, being the lever arch folder of documents filed by the Respondent in these proceedings under cover of a letter dated 25 January 2022 and received by the Registry on 27 January 2022. (2) Inspection under order 1 above is subject to the following conditions: (a) Both Applicants are permitted to attend the Inspection Premises during business on 24 hours' notice, provided such attendance takes place between the hours of 2:00 pm and 5:00 pm; (b) The Applicants are permitted to attend on more than one occasion; (c) The Applicants may photocopy up to 30 pages of documents at the Inspection Premises at no charge to them, any further photocopies to be charged at 20 cents per page. (3) Foreshew Strata Agency Pty Limited is appointed strata managing agent to exercise all of the functions of the Owners Corporation pursuant to section 237 of the Strata Schemes Management Act 2015 (NSW) with immediate effect. (4) The parties are directed to notify Foreshew of its appointment forthwith. Catchwords: LAND LAW — Strata title — Appointment of compulsory strata managing agent — Order to supply information or documents Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Texts Cited: Nil Category: Principal judgment Parties: Tracey Chen (First Applicant) Le San Huyn (Second Applicant) The Owners - Strata Plan No. 7262 (Respondent) Representation: First and Second Applicant (Self-represented) G Kong (Respondent) File Number(s): SC 21/43614 Publication restriction: Nil