Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45 Hearing dates: 27 April 2018 Date of orders: 28 August 2018 Decision date: 28 August 2018 Jurisdiction: Consumer and Commercial Division Before: G. J. Sarginson, Senior Member Decision: (1) The application for orders under s 232 of the Strata Schemes Management Act 2015 is dismissed.

(2) The application for the appointment of a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 is dismissed.

(3) Any application for costs by the respondent under s 60 of the Civil and Administrative Tribunal Act 2013 is to be made in the following manner: (a) The respondent is to file and serve written submissions (not exceeding 4 pages) on or before 14 days from the date of this decision. The submissions are to include whether or not the respondent consents to the issue of costs being determined on the papers. (b) The applicant is to file and serve written submissions in reply (not exceeding 4 pages) on or before 14 days thereafter. The submissions are to include whether or not the applicant consents to the issue of costs being determined on the papers. (c) Subject to the submission of the parties, the Tribunal will determine the issue of costs on the basis of the written submissions received and without a further oral hearing, in accordance with s 50 (2) of the Civil and Administrative Tribunal Act 2013. Catchwords: STRATA SCHEMES---Orders sought to direct owners corporation to obtain advice and take action on various issues---Whether breach established---Whether exercise of discretion by Tribunal to make orders sought established.