Hockey and Anor and Owners Of Mount Bakewell Resort Strata Plan 18228

The case involves an application for the appointment of an administrator for Mount Bakewell Resort Strata Plan 18229, with Hockey and another applicant as the petitioners. The dispute centres around the management and administration of the resort's strata plan, specifically seeking the intervention of an independent administrator due to alleged mismanagement and breaches of trust by the existing body. The application was heard in the West Australian Civil and Administrative Tribunal (WACA Tribunal).

The primary legal issues before the tribunal were whether it had the constitutional authority to hear the application for the appointment of an administrator and whether the circumstances justified such an appointment. Additionally, the tribunal had to assess the suitability of the proposed administrator and determine the appropriate terms of appointment. The applicants argued that the existing body's management had led to significant financial and operational issues, necessitating external intervention. The respondents contended that the tribunal lacked jurisdiction and that the proposed administrator was not suitable for the role.

The tribunal commenced by addressing the jurisdictional question, confirming its authority under the Strata Titles Act 1985 (WA) to hear applications for the appointment of an administrator. It then proceeded to examine the merits of the application, considering the evidence of mismanagement and breaches of trust. The tribunal found that the circumstances warranted the appointment of an administrator, given the severity of the issues within the resort's strata plan. Regarding the proposed administrator, the tribunal assessed their qualifications and experience, concluding that they were suitable for the role. The tribunal then outlined the terms of the appointment, specifying the powers and duties of the administrator. Ultimately, the tribunal granted the application, appointing the proposed administrator and setting out the terms of their appointment.