Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37 Hearing dates: 5 December 2023 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President S Thode, Principal Member Decision: Leave to appeal is refused and the appeal otherwise dismissed Catchwords: LAND LAW – Strata title – Order to remove strata committee member – eligibility of lot owner to be a member of the strata committee as well as building manager – scope of power of Tribunal to make orders under s 24 of the Strata Schemes Management Act 2015 (NSW) – general orders concerning SMS system to notify lot owners of building works and other matters Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Texts Cited: None cited Category: Principal judgment Parties: Karen Marie Gill (Appellant) The Owners – Strata Plan No. 17913 (First Respondent) Warwick Young (Second Respondent) Representation: F Felgueras (Agent) (Appellant) M Starr (Agent) (First and Second Respondents) File Number(s): 2023/00306802 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 September 2023 Before: D Robertson, Senior Member File Number(s): 2023/00395934 (previously SC 23/21358)