Rita Sahade v The Owners Strata Plan No 62022 [2014] NSWCATCD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rita Sahade v The Owners Strata Plan No 62022 [2014] NSWCATCD 48 Hearing dates: 4 November 2013 Decision date: 10 April 2014 Before: R.F. Buckley, Senior Member Decision: Within the terms of s 162(3A) of the Strata Schemes Management Act 1996, the Tribunal is satisfied that the Owners Corporation SP 62022 is not functioning satisfactorily. Pursuant to s 162(1)(a) of the Strata Schemes Management Act 1996, Melandiro Pty Ltd t/as Irvine Strata Management of level 21, 21 Oxford Street, Surry Hills NSW 2010 is appointed strata managing agent of Strata Plan 62022 for the period 28 April 2014 to 27 April 2016. The appointed strata managing agent is to exercise all of the functions of the Owners Corporation and is to have, and may exercise all the functions of the chairperson, secretary, treasurer and executive committee of the Owners Corporation SP 62022. The appointed strata managing agent is to be remunerated in accordance with the management fee disclosure statement attached to its letter of 26 March 2014 addressed to the Tribunal, consenting to its appointment as strata managing agent with respect to the exercise of all of the functions of the Owners Corporation. The Registrar is directed to notify the appointed strata managing agent of these orders in writing (including by facsimile transmission) immediately, and is to include a copy of the Tribunal's adjudication orders with the notice. The Owners Corporation SP 62022, and its previous strata manager, Kooper & Levi Strata Management, are to ensure that all records of the Owners Corporation 62022 are delivered to the appointed strata managing agent within three working days of receipt of this adjudication. Catchwords: Not functioning satisfactorily Legislation Cited: Strata Schemes Management Act 1996 (NSW) Cases Cited: Jones v Dunkel [1959] HCA 2002 The Owners- Strata Plan no. 62022 v Sahade [2013] NSWSC 2002 Category: Principal judgment Parties: Rita Sahade (applicant) The Owners-Strata Plan No 62022 (respondent) Representation: Mr M V Sahade (Mrs R. Sahade) Mr L. Grey SC (The Owners -SP No 62022) Trinity Legal (applicant) David Le Page (respondent) File Number(s): SCS 13/35173 Publication restriction: Unrestricted