Katrina Knell v The Owners - Strata Plan 30194 [2015] NSWCATCD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Katrina Knell v The Owners - Strata Plan 30194 [2015] NSWCATCD 4 Hearing dates: 29 October 20143 December 2014 Date of orders: 13 January 2015 Decision date: 13 January 2015 Jurisdiction: Consumer and Commercial Division Before: P. Boyce, Senior Member Decision: Order 1 of the Adjudicator's Order in SCS 13/15641 dated 18 June 2013 is revoked. The application for renewal of the appeal against the Adjudicator's Order is dismissed. Catchwords: Renewal of proceedings, appeal from adjudicators decision, compliance with consent orders Legislation Cited: Strata Schemes Management Act 1996 Civil and Administrative Tribunal Act 2013 Cases Cited: 2 Elizabeth Bay Road Pty Ltd v The Owners Strata Plan 73943 [NSW 4092014] Category: Principal judgment Parties: Katrina Knell (applicant) The Owners – Strata Plan No 30194 (respondent) Representation: Counsel: Mr Hernan Pintos-Lopez for applicant, Mr Michael Galvin for respondent

Solicitors: LFS Lawyers for applicant, Gadens Lawyers for respondent File Number(s): SCS 14/35072 Publication restriction: Unrestricted

Judgment 1. This is an application for orders: 1. To appoint a strata manager to exercise all the functions of an owners corporation, including all the functions of the chairperson, secretary, treasurer and executive committee of the owners corporation under s162 of the Strata Schemes Management Act 1996 because: 1. The owners corporation has failed to comply with a requirement imposed on the owners corporation by an order under this Act; 2. The owners corporation has failed to perform one or more of its duties; 3. The management structure of the strata scheme is not functioning or is not functioning satisfactorily; 1. That [the applicant] do[es] not have to contribute to the costs of the advice by Jane Crittenden incurred by the Owners Corporation in respect of by-laws; 2. That [the applicant] do[es] not have to contribute to the legal costs incurred by the Owners Corporation in proceedings in NCAT, file numbers SCS 13/15641 and SCS 13/36579; 3. That the interest and debt recovery fees charged by Jamesons in respect of, and as a consequence of, the advice by Jane Crittenden be cancelled.