Read v The Owners – Strata Plan No. 5362 [2024] NSWCATCD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Read v The Owners – Strata Plan No. 5362 [2024] NSWCATCD 27 Hearing dates: 25 August 2023 Date of orders: 02 February 2024 Decision date: 02 February 2024 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein. Senior Member Decision: 1 The application is dismissed. 2 In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings either attaching or referring to the documents relied upon in support of the application. 3 The costs respondent will have 14 days after the date it or they receives the application to lodge in the Tribunal and serve on/give to the costs applicant its or their submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4 The parties must state in their submissions whether or not they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 5 Subject to the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: STRATA TITLE – Appointment of strata managing agent - Removal of Strata Committee members Legislation Cited: Strata Schemes Management Act 2015 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Crespel v The Owners – Strata Plan No 66165 [2022] NSWCATCD 141 Foo v Frew [2023] NSWCATAP 303 Linney v The Owners – Strata Plan No. 11669 [2021] NSWCATCD 123 Lockrey v Rosewal [2022] NSWCATCD 27 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 The Owners Strata Plan No 57164 v Yau [2017] NSWCA 341 Velastegui v Chan [2021] NSWCATCD 98 Texts Cited: Burdens and Standards in Civil Litigation [2003] Sydney Law Review 165 ,CR Williams Category: Principal judgment Parties: Malcom Reid and Leonie Palmer: applicants The Owners – Strata Plan No. 53262: first respondent Peter Bonello: second respondent Catherine Munayer: third respondent John Wynne: fourth respondent David Withers: fifth respondent Representation: Solicitors: Mr I McKnight for the respondents File Number(s): 2023/00401749 (Previously SC 23/16911) Publication restriction: Nil