McGrath v The Owners – Strata Plan No. 13631 [2022] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGrath v The Owners – Strata Plan No. 13631 [2022] NSWCATCD 60 Hearing dates: 23 March 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Consumer and Commercial Division Before: M Deane, Senior Member Decision: (1) The application for the appointment of a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 is dismissed. (2) Any application for costs by the Respondent under s 60 of the Civil and Administrative Tribunal Act 2013 is to be made in the following manner: (a) The respondent is to file and serve written submissions (not exceeding 5 pages) on or before 14 days from the date of this decision. The submissions are to include whether or not the respondent consents to the issue of costs being determined on the papers. (b) The applicant is to file and serve written submissions in reply (not exceeding 5 pages) on or before 14 days thereafter. The submissions are to include whether or not the applicant consents to the issue of costs being determined on the papers (c) Subject to the submission of the parties, the Tribunal will determine the issue of costs on the basis of the written submissions received and without a further oral hearing, in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013. Catchwords: LAND LAW — Strata title — Strata managing agent — Compulsory appointment of strata managing agent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Schemes Management Regulation 2016 (NSW) Cases Cited: Bischoff v Sahade [2015] NSWCATAP 135 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Hoare v The Owners – Strata Plan No 73905 [2018] NSWCATCD 45 Italian Forum Limited v Owners - Strata Plan 60919 [2012] NSWSC 895 Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 Siewa Pty Ltd v The Owners Strata Plan 35042 [2006] NSWSC 1157 UniLodge Australia Pty Ltd v The Owners Strata Plan 54026 [2020] NSWCATCD, 29 April 2020 Texts Cited: Nil Category: Principal judgment Parties: Peter McGrath (Applicant) The Owners – Strata Plan No. 13631(Respondent) Representation: M Green (Respondent)