Ma v The Owners - Strata Plan No 65870 [2023] NSWCATCD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ma v The Owners - Strata Plan No 65870 [2023] NSWCATCD 140 Hearing dates: 26 July 2023 and 13 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: 1. Network Strata Services Pty Ltd is appointed as the strata managing agent to exercise all the functions of the first respondent on the terms of the managing agency agreement which is part of exhibit R12 for the period of 12 months. 2. There is no order as to the costs of the proceedings. 3. If any party wishes to make an application to vary order 2 above, the applicant (the costs applicant) is to file and serve a costs application, including submissions limited to three pages and any evidence in support, by 9 November 2023. 4. The respondent to the costs application is to file and serve any submissions limited to three pages and any evidence in reply by 23 November 2023. 5. The costs applicant is to file any submissions limited to two pages in reply by 30 November 2023. 6. The applicable parties are to indicate in their submissions whether they consent to an order dispensing with an oral hearing of the costs application, and if they do not consent, submissions of no more than one page as to why an oral hearing should be conducted rather than the application being determined on the papers. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment are established — Which of two proposed compulsory strata managers should be appointed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, 36, 52, 60, 71, Sch 4, cl 3 Civil and Administrative Tribunal Rules 2014 (NSW) Property and Stock Agents Act 2002 (NSW) Strata Schemes Management Act 2015 (NSW), ss 106, 182, 188, 231, 237 Cases Cited: Bischoff & Ors v Rita Sahade & Anr [2015] NSWCATAP 135 Chen v The Owners - Strata Plan No. 7262 [2022] NSWCATCD 58 Cuzeno Pty Limited v The Owners - Strata Plan 65870 [2013] NSWSC 1385 Dawes and Ors v The Owners-Strata Plan No 93087 and Ors (10 January 2022, SC 21/46945, unreported) Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 Lehner v Owners SP 65870 (6 September 2023, SC 23/21338, unreported) Lehner v The Owners – Strata Plan 65870 (14 December 2023, SC 22/28963, unreported) Lehner v The Owners – Strata Plan No 65870 [2023] NSWCATAP 102 Macquarie Developments Pty Ltd & Anor v Forrester & Anor [2005] NSWSC 674 Maple v The Owners - Strata Plan No. 8950 [2021] NSWCATCD 108 The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130 The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 Westerweller v The Owners - Strata Plan No. 18484 [2022] NSWCATCD 203 Texts Cited: None cited Category: Principal judgment Parties: Ruihui Ma (Applicant) The Owners - Strata Plan No 65870 (First Respondent) Michael Lehner (Second Respondent) Representation: Applicant (self-represented)