Westerweller v The Owners - Strata Plan No. 18484 [2022] NSWCATCD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Westerweller v The Owners - Strata Plan No. 18484 [2022] NSWCATCD 203 Hearing dates: 1 November 2022 Date of orders: 8 November 2022 Decision date: 08 November 2022 Jurisdiction: Consumer and Commercial Division Before: D. Ziegler, Senior Member Decision: 1. The application is dismissed. 2. If there is a costs application, the costs applicant is to file and serve submissions and documents on the costs application by 14 days from the date of these orders. 3. The costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. 4. The costs applicant is to file and serve costs submissions in reply by 35 days from the date of these orders. 5. The costs submissions of the parties are to state whether the parties seek an oral hearing on the issue of costs, or consent to the costs application being determined on the papers in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). 6. The Tribunal may determine it appropriate to deal with any costs application on the papers and without a further oral hearing. Catchwords: LAND LAW — Strata schemes — Renewal of proceedings — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Bondarek v NSW Land and Housing Corporation [2018] NSWCATAP 299 Glenquarry Park Investments Pty Ltd v Hegyesi [2019] NSWSC 425 Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 Kirkpatrick v Kotis [2004] NSWSC 1265 Maple v The Owners - Strata Plan No. 8950 [2021] NSWCATCD 108 Texts Cited: Macquarie English Dictionary (Macmillan Publishers Australia 2022) Category: Principal judgment Parties: Maurice Clifford Westerweller (Applicant) The Owners – Strata Plan No. 18482 (Respondent) Representation: Counsel: D O'Dowd (Applicant)