Buzrio Pty Limited v Consumer, Trader & Tenancy Tribunal [2009] NSWSC 836

New South Wales Supreme Court

CITATION : Buzrio Pty Limited v Consumer, Trader & Tenancy Tribunal [2009] NSWSC 836

HEARING DATE(S) : 12 March 2009, 13 March 2009, 3 June 2009, 25 June 2009, 15 July 2009

JUDGMENT DATE : 21 August 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(1) The plaintiff was denied procedural fairness in the making of the order by the Consumer, Trader & Tenancy Tribunal on 23 May 2007 and 8 June 2007 in SCS 07/17221;

(2) The interim orders of the Consumer, Trader & Tenancy Tribunal of 14 May 2009 in SCS 09/22490 be removed into this Court and quashed;

DECISION : (3) The interim order of 15 June 2009 made by the Consumer, Trader & Tenancy Tribunal in SCS 09/22490, insofar as it purports to extend the appointment of a strata manager, be removed into this Court and quashed;

(4) The proceedings in SCS 09/22490 otherwise be remitted to the Consumer, Trader & Tenancy Tribunal to be dealt with in accordance with law;

(5) The parties have liberty to apply for a costs order, or special costs order, within 14 days of the date hereof.

CATCHWORDS : ADMINISTRATIVE LAW – Consumer, Trader & Tenancy Tribunal – Strata Schemes Management Act – Owners Corporation – appointment of compulsory strata manager – lot owners not notified – denial of procedural fairness – interim orders specifying duration beyond statutory prescription

LEGISLATION CITED : Consumer, Trader and Tenancy Tribunal Act 2001 Strata Schemes Management Act 1996

CATEGORY : Principal judgment

CASES CITED : Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596

Buzrio Pty Ltd (Plaintiff) Consumer, Trader & Tenancy Tribunal (First Defendant) PARTIES : Axiom Property Consulting Pty Ltd (Second Defendant) James Chan (Third Defendant) The Owners Corporation of Strata Plan 75633 (Fourth Defendant)