Tan v The Owners - Strata Plan 22014 [2014] NSWSC 1660

Supreme Court New South Wales

Medium Neutral Citation: Tan v The Owners - Strata Plan 22014 [2014] NSWSC 1660 Hearing dates: 19 November 2014 Decision date: 19 November 2014 Jurisdiction: Equity Division - Duty List Before: Stevenson J Decision: Interlocutory injunction granted up to 24 November 2014 Catchwords: REAL PROPERTY - strata schemes - whether orders of NSW Civil and Administrative Tribunal appointing strata managing agents displaced power of executive committee to appoint solicitor to act for Owners Corporation; PRACTICE AND PROCEDURE - setting aside of orders - whether serious question to be tried that orders obtained against good faith or in absence of party Legislation Cited: Strata Schemes Management Act 1996 Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: Patrick Tian Keng Tan (First Plaintiff) Ian Peterson Walters (Second Plaintiff) Rose Sok Kio Tan (Third Plaintiff) Owners Corporation - Strata Plan No 22014 (First Defendant) Whelan Property Pty Ltd (Second Defendant) Janette Daisy Porter (Third Defendant) Mary Magney (Fourth Defendant) Representation: Counsel: N Cotman SC (Plaintiff and First Defendant) G A Sirtes SC with A L Avery-Williams (Fourth Defendant) Solicitors: Terrett Lawyers (Plaintiff and First Defendant) Chambers Russell Lawyers (Second Defendant) Mills Oakely Lawyers (Third Defendant) Hall's Strata Law Pty Ltd (Fourth Defendant) File Number(s): SC 2014/176516