Smith v The Owners SP 32563; O’Shea & Hamilton v The Owners SP 32563; Smith v The Owners SP 32563 [2018] NSWCATCD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v The Owners SP 32563; O'Shea & Hamilton v The Owners SP 32563; Smith v The Owners SP 32563 [2018] NSWCATCD 38 Hearing dates: 3 August 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Consumer and Commercial Division Before: S Westgarth, Deputy President Decision: 1 An order is made pursuant to the provisions of the Strata Schemes Management Act 2015 s 237 appointing Spencer Ware Group Pty Ltd of P.O. Box XXX, Kogarah 2217 as strata managing agent for The Owners-Strata Plan No 32563. The appointment shall be on the terms and conditions as set out in the Strata Management Agency Agreement dated 8 June 2018 provided by Spencer Ware Group Pty Ltd and filed in these proceedings and as modified by their email of 12 June 2018;

2 Spencer Ware Group 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 The appointment shall be for a period of twelve months from the date of these orders;

4 The Registrar is directed to notify Spencer Ware Group Pty Ltd of these orders forthwith both in writing and by email to XXX@XXX.com.au; and

5 Interim application SC 18/32099 is dismissed. Catchwords: Compulsory manager Legislation Cited: Strata Schemes Management Act 2015 Category: Principal judgment Parties: SC 18/32099 Jeff Smith (Applicant) The Owners SP 32563 (Respondent)

SC 18/29667 Suzanne O'Shea (First Applicant) Margaret Hamilton (Second Applicant) The Owners SP 32563 (Respondent)