Anne Cecilia Casey and Tracy Cahn v The Owners Corporation Strata Plan No 586

Anne Cecilia Casey and Tracy Cahn appealed against an order of an Adjudicator, who dismissed their application for the appointment of a strata managing agent. The appeal arose from a dispute regarding the Owners Corporation's failure to comply with a fire safety order. The applicants argued that the Owners Corporation was in breach of their duty and that the Corporation was not functioning satisfactorily.

The legal issues before the court were whether the Owners Corporation was in breach of its duty by failing to comply with the fire safety order and whether the Corporation was functioning satisfactorily. The applicants argued that the Owners Corporation's failure to comply with the fire safety order amounted to a breach of their duty under the Strata Schemes Management Act 1996 (NSW). They further contended that the Corporation's failure to address the fire safety concerns indicated that it was not functioning satisfactorily.

The court found that the Owners Corporation had not breached its duty by failing to comply with the fire safety order. It held that the Corporation had taken reasonable steps to address the fire safety concerns and that the applicants had not provided sufficient evidence to demonstrate that the Corporation was not functioning satisfactorily. The court dismissed the appeal and confirmed the order of the Adjudicator dated 3 February 2016 in proceedings SCS 15/61430.