BlueHouseCoffs Pty Ltd v The Owners – Strata Plan No 61419 [2023] NSWCATCD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BlueHouseCoffs Pty Ltd v The Owners – Strata Plan No 61419 [2023] NSWCATCD 145 Hearing dates: 13 July 2023 Date of orders: 13 July 2023 Decision date: 04 September 2023 Jurisdiction: Consumer and Commercial Division Before: D Robertson, Senior Member Decision: In proceedings SC 23/27421: 1. BlueHouseCoffs Pty Ltd is joined as an applicant. 2. Karin Puels is removed as an applicant. 3. The respondent, The Owners - Strata Plan No 61419 is restrained for three months or the delivery of judgment in proceedings SC 22/39925 whichever is the earlier from obtaining any further legal services for which any payment may be required (save for legal services falling within paragraphs 103(3)(a) or (b) of the Strata Schemes Management Act 2015) unless a resolution approving the obtaining of those services is passed at a general meeting of the owners corporation. 4. The Tribunal notes that the chairman and the secretary of the respondent owners corporation have confirmed to the Tribunal that the applicant, by its director Karin Puels, has been given access to the portal maintained by the owners corporation upon which the records of the owners corporation are kept and to the hard copies of documents yet to be uploaded to the portal retained by the owners corporation and that there are no documents held by the owners corporation, other than potentially privileged documents, that is correspondence with solicitors, that have been withheld. 5. The application is otherwise dismissed. In proceedings SC 22/39925: 1. The Tribunal notes that the chairman and the secretary of the respondent owners corporation have confirmed to the Tribunal that the applicant, by its director Karin Puels, has been given access to the portal maintained by the owners corporation upon which the records of the owners corporation are kept and to the hard copies of documents yet to be uploaded to the portal retained by the owners corporation and that there are no documents held by the owners corporation, other than potentially privileged documents, that is correspondence with solicitors, that have been withheld. Catchwords: LAND LAW – Strata title – Strata Schemes Management Act 2015 (NSW) – Interim relief – Production of documents – Owners Corporation is not required to disclose to a lot owner with which it is in dispute documents subject to legal professional privilege Category: Procedural rulings Parties: BlueHouseCoffs Pty Ltd (Applicant) The Owners – Strata Plan No 61419 (Respondent) File Number(s): SC 23/27421; SC 22/39925