Dawes v The Owners-Strata Plan No 93087

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Dawes v The Owners-Strata Plan No 93087 [2022] NSWCATCD 117

Hearing dates:

14 December 2021

Date of orders:

10 January 2022

Decision date:

10 January 2022

Jurisdiction:

Consumer and Commercial Division

Before:

G. Sarginson, Senior Member

Decision:

(1) Bright & Duggan Pty Ltd is appointed as the strata managing agent of The Owners-Strata Plan No 93087 to exercise all the functions of the owners corporation and all the functions of the chairperson, secretary, treasurer and strata committee of the owners corporation under s 237 (1) (a) and (2) (a) of the Strata Schemes Management Act 2015 (NSW) for a period of 18 months from the date of the making of this order.

Catchwords:

LAND LAW---Strata scheme---s 237 Strata Schemes Management Act 2015 (NSW)---Appointment of compulsory strata manager---Whether circumstances justify appointment of compulsory strata manager

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Home Building Act 1989 (NSW)

Strata Schemes Management Act 2015 (NSW)

Strata Schemes Regulation 2016 (NSW)

Cases Cited:

Maple v The Owners-Strata Plan No 8950 [2021] NSWCATCD 108

The Owners-Strata Plan No 1813 v Keevers [2021] NSWCATAP 130

The Owners-Strata Plan No 76317 v Ho [2020] NSWCATAP 205

The Owners-Strata Plan No 80412 v Vickery [2021] NSWCATAP 98

The Owners-Strata Plan SP 20211 v Rosenthal; Rosenthal v The Owners-Strata Plan SP 20211 [2018] NSWCATAP 243

Texts Cited:

NCAT Consumer and Commercial Division Guideline ‘Representation’

Category:

Principal judgment

Parties:

L. Dawes; C. Ford; M. Jones; J. Chung; J. Stengos; M. Murphy; M. Wong; B. Bazarragchaa; B. Ganbold; P. Quintal; P. Smith; T. Tran; M. Lin; A. Sudiano; E. Sepitiana; D. Nyugen; H. Nhung; A. Bach; A. Porter; D. Lau; L. Wong; P. Lai; B. Sutas; K. Teabpinyok; J. Gawley; X. Jiang; T. Sondjaja; B.Hyunkyung Joo; C. Chicharncheep. (Applicants)
The Owners-Strata Plan No 93087; Professional Strata Management Group; Y. Lin; S. Chew; X. Bai; T. Chen; H. Han; K. Hu; B. Guo; Z. Zhao; R. Du (Respondents)

Representation:

G. Grasso-Lay Advocate (Applicants)
Counsel:
M. Klooster (First Respondent-The Owners Strata Plan No 93087)
Solicitors:
CJ Boyd Solicitors (First Respondent)

File Number(s):

SC 21/46945

Publication restriction:

Nil

REASONS FOR DECISION

1. This is a dispute involving whether there should be compulsory appointment of a strata manager under s 237 (1) (a) of the Strata Schemes Management Act 2015 (NSW) (‘the SSMA’) to a strata scheme located in a suburb in the inner west of Sydney NSW.

2. Although a number of parties are listed as Applicants and Respondents, the parties that were represented and sought to actively participate in the hearing on 14 December 2021 were Mr Dawes (the First Applicant); and the owners corporation (the First Respondent).

3. In this regard, although the application identified a number of Applicants, a number of such Applicants appear to have been listed by reason of Mr Dawes writing to Lot owners and soliciting them to join the proceedings as co-Applicants prior to the filing of proceedings.

4. A copy of such correspondence was included in the documentary…