Farland v Simmons; Simmons v Farland [2018] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farland v Simmons; Simmons v Farland [2018] NSWCATCD 28 Hearing dates: 10 July 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Consumer and Commercial Division Before: Jeffery Smith, Senior Member Decision: (1) An order is made pursuant to the provisions of the Strata Schemes Management Act 2015 s 237 appointing Proactive Strata Services Pty Ltd of P.O. Box 447, West Ryde 1685 as strata managing agent for The Owners-Strata Scheme No 13849. The appointment shall be on the terms and conditions as set out in the Strata Management Agency Agreement dated 13 June 2018 provided by Proactive Strata Services Pty Ltd and filed in these proceedings. (2) Proactive Strata Services Pty Ltd shall exercise all of the functions of the Owners Corporation including the functions of the chairperson, treasurer, secretary and the strata committee. (3) Appointment shall be for a period of twelve months from the date of these orders. (4) Kooper and Levi Strata Management Pty Ltd and The Owners – Strata Scheme No 13849 and any lot owner shall deliver any books, records or other property of the Owners Corporation held by them to Proactive Strata Services Pty Ltd at P.O. Box 447, West Ryde 1685 within 7 days of the date of these orders. (5) The Registrar is directed to notify Proactive Strata Services Pty Ltd of these orders forthwith both in writing and by email to info@proactivestrataservices.com.au (6) If the parties are unable to agree on the issue of costs, leave is granted for any party seeking a costs order to file and serve a short written submission on that issue only with 14 days of the date of these orders. (7) Leave is granted for the other party to file and serve a short written submission in reply on the issue of costs only within a further period of 14 days. (8) Any submission on costs must address the issue of whether or not the party agrees to a hearing "on the papers" pursuant to the Civil and Administrative Tribunal Act 2013, s 50. Legislation Cited: Civil and Administrative Tribunal Act 2013 Strata Schemes Management Act 2015 Cases Cited: Moallem v Consumer, Trader and Tenancy Tribunal and others [2013] NSWSC 1700 Xabregas v The Owners – Strata Plan No 79205, et al (No 2) [2014]NSWSC 1027 Category: Principal judgment Parties: Catherine Farland, owner of lot 2 Louise Simmons, owner of lot 1 The Owners – Strata Plan No 13849 Representation: Mr Fernon, of Counsel, instructed by J S Mueller & Co, lawyers for the owner of lot 2