Kuzmanovic v The Owners – Strata Plan No. 43576 & Peacock [2022] NSWCATCD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kuzmanovic v The Owners – Strata Plan No. 43576 & Peacock [2022] NSWCATCD 185 Hearing dates: 2 June 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Consumer and Commercial Division Before: D Moujalli, Senior Member Decision: 1. Pursuant to s 237 of the Strata Schemes Management Act 2015 (NSW), Premium Strata Pty Ltd is appointed the strata managing agent to exercise all the functions of the owners corporation of Strata Plan No 43576 for a period of 12 months from the date of these orders. 2. Premium Strata Pty Ltd has and may exercise all the functions of the chairperson, secretary, treasurer and strata committee of the owners corporation of Strata Plan No 43576 for the period of its appointment. 3. Premium Strata Pty Ltd is to be remunerated in accordance with the strata management agency agreement in the form attached to its letter dated 23 December 2021. 4. The interim appointment of Strata Central Pty Ltd as compulsory strata managing agent is to cease from the date of these orders. 5. The Applications in SC 21/5220, SC 22/01370 and SC22/20866 are otherwise dismissed. Catchwords: STRATA TITLES LAW — strata schemes — order sought for appointment of compulsory strata managing agent - maintenance of common property - order sought for damages for breach of statutory duty to maintain common property Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Strata Schemes Management Act 2015 (NSW), ss 106, 226, 232, 237 and 241 Strata Schemes Management Act 1996 (NSW), s 162 Cases Cited: Bischoff & Ors v Rita Sahade & Anr [2015] NSWCATAP 135 Gershberg & Troyanovski v Owners Corporation SP 5768 [2011] NSWCTTT 411 Haines v Bendall (1991) 172 CLR 60 Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 Linney v The Owners - Strata Plan No. 11669 [2021] NSWCATCD 123 Lockrey v Rosewall [2022] NSWCATCD 27 Velastegui v Chan [2021] NSWCATCD 98 Texts Cited: Nil Category: Principal judgment Parties: Susan Kuzmanovic (Applicant in SC21/52250)