Jones v The Owners – SP 93087 [2023] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jones v The Owners – SP 93087 [2023] NSWCATCD 73 Hearing dates: 19 July 2023 Date of orders: 31 July 2023 Decision date: 31 July 2023 Jurisdiction: Consumer and Commercial Division Before: D Ziegler, Senior Member Decision: (1) Order 1 made on 10 January 2022 in SC 21/46495 is extended to 30 November 2023. (2) The application is otherwise dismissed. (3) If a party wishes to make 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. (4) If an application for costs is made by a party, the costs respondent is to file and serve submissions and documents on the costs application by 28 days from the date of these orders. (5) The costs applicant is to file and serve costs submissions in reply by 35 days from the date of these orders. (6) 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. (7) 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 scheme---s 237 Strata Schemes Management Act 2015 (NSW)---Appointment of compulsory strata manager---Where compulsory strata manger already appointed---Whether circumstances justify a further appointment of compulsory strata manager---Whether circumstances justify extension of the existing order. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Home Building Act 1989 Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 Strata Schemes Management Act 2015 Cases Cited: Dawes and Ors v The Owners-Strata Plan No 93087 and Ors (file number SC SC 21/46945, unreported, January 2022) Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 House v The King (1936) 55 CLR 499 Maple v The Owners-Strata Plan No 8950 [2021] NSWCATCD 108 Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618 [2023] NSWCA 125 Category: Principal judgment Parties: Michael Jones and others (Applicants) The Owners – SP 93087 and others (Respondents) Representation: A Popovic (Applicants) No appearance (First respondent) Madison Marcus Law Firm (Second to 71st Respondent) File Number(s): SC 23/20818 Publication restriction: Nil