Shields v The Owners – Strata Plan No 1209 [2018] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shields v The Owners – Strata Plan No 1209 [2018] NSWCATCD 60 Hearing dates: 25 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Consumer and Commercial Division Before: R C Titterton, Principal Member Decision: (1) Bright and Duggan Pty Ltd is appointed for a period of 12 months as strata managing agent of Strata Plan No 1209 to exercise all the functions of the Owners – Strata Plan 1209.

(2) Bright and Duggan Pty Ltd is to have and may exercise all the functions of the chairperson, secretary, treasurer or strata committee of the Owners – Strata Plan No 1209.

(3) All orders in proceedings SC 18/38118 are revoked. Catchwords: REAL PROPERTY – strata schemes – appointment of a strata management pursuant to s 237 of the Strata Schemes Management Act 2015 (NSW) Legislation Cited: Strata Schemes Management Act 2015 (NSW) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Hunter & Mannell v Lock [2005] NSWCTTT 183 Rajski v Bainton, Court of Appeal, unreported, 6 September 1991 Category: Principal judgment Parties: Julia Shields (First Applicant) David Pye (Second Applicant) Carolyn Dearing (Third Applicant) Rebecca Duncan (Fourth Applicant) Marlene Cross (Fifth Applicant) Anthony John Catt (Sixth Applicant)

The Owners – Strata Plan No 1209 (First Respondent) Emir Ruzdic (Second Respondent) Janice Marie Rowley (Third Respondent) Justin Moss (Fourth Respondent) V Brendan Hyde (Fifth Respondent) Representation: C Dearing (Applicants) (self-represented) V Hyde, E Ruzdic and J Moss (Respondents) (self-represented) File Number(s): SC 18/25327, SC 18/38118 Publication restriction: Nil