De Beck v The Owners – Strata Plan No 30468 [2024] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: De Beck v The Owners – Strata Plan No 30468 [2024] NSWCATCD 11 Hearing dates: 05 October 2023 Date of orders: 08 January 2024 Decision date: 08 January 2024 Jurisdiction: Consumer and Commercial Division Before: R. Alkadamani, Senior Member Decision: 1. Order pursuant to s 237(1)(a) of the Strata Schemes Management Act 2015 (NSW) appointing Brilliant Property Group Pty Ltd as strata managing agent to exercise all the functions of the owners corporation of Strata Plan No. 30468 for a period of 12 months from the date of these orders upon the terms and conditions set out in the Strata Management Agency Agreement, a copy of which is at exhibit 1, pp. 326 – 345. Catchwords: LAND LAW – Strata schemes – Appointment of compulsory strata managing agent Legislation Cited: Strata Schemes Management Act 2015 (NSW) ss 80 and 237 Cases Cited: Mortlock v Owners of Strata Plan No 55434 [2006] NSWSC 363 Walker Corporation Pty Ltd v The Owners – Strata Plan No 61618 [2022] NSWSC 1246 Texts Cited: None Category: Principal judgment Parties: Nerrida de Beck (applicant) The Owners – Strata Plan No. 30468 Representation: Ms de Beck (applicant) Mr Barariol and Ms Pantazis (respondent) File Number(s): 2023/0038395 (Previously SC 23/34441) Publication restriction: None

REASONS FOR DECISION 1. These reasons for decision deal with an application by Ms de Beck (the applicant) for the appointment of a strata managing agent to the owners corporation (the OC) of strata scheme plan no. 30468 (the Strata Scheme). The application is brought pursuant to s 237 of the Strata Schemes Management Act 2015 (the SSMA). The applicant is the owner of lot 9 in the Strata Scheme. The OC opposes the application. 2. The matter was heard on 5 October 2023. 3. The applicant appeared and represented herself. 4. The OC was represented by Mr Barbariol, chairperson of the strata committee and Ms Pantazis, a member of the strata committee. Mr Barbariol is the owner of lot 10. Ms Pantazis is the owner of lots 4 and 16. 5. During the hearing the applicant relied on a bundle of documents filed 11 September 2023, which was tendered without objection and marked exhibit 1. Exhibit 1 was 345 pages which included a strata report compiled by Eyeon Strata dated 31 March 2023, numerous emails, photographs, minutes of meetings of the OC and invoices or reports relating to maintenance or repairs undertaken. 6. The OC relied on a bundle of documents filed 29 September 2023, which was tendered without objection and marked exhibit A. 7. At the conclusion of the hearing on 5 October 2023 the Tribunal made directions which provided an opportunity to the OC to apply to tender further documents and an opportunity for the applicant to object to further materials. The OC sought to tender further documents and the applicant objected. I will receive one further document because it is a business record. That document is a document dated 14 September 2023 entitled "Quote Request" which will be exhibit B. I reject the other documents sought to be tendered because admitting them would require an opportunity to be given to the applicant to address them including by evidence.