Keddis v The Owners - Strata Plan No 20198

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Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Keddis v The Owners - Strata Plan No 20198 [2024] NSWCATCD 51
Hearing dates: 23 August 2024
Date of orders: 03 September 2024
Decision date: 03 September 2024
Jurisdiction:Consumer and Commercial Division
Before: G Blake AM SC, Senior Member
Decision:

1 Proceedings 2023/00377627 are dismissed.

2 Proceedings 2024/00065655 are dismissed.

3 There is no order as to the costs of proceedings 2023/00377627 and proceedings 2024/00065655.

4 If the respondent makes an application to vary order (3) above in the manner and within the time specified in order 4(a) below, order (3) above ceases to have effect and the following directions apply:

(a) the respondent is to lodge and serve a costs application, including submissions limited to three pages and which are to address the question of whether a hearing may be dispensed with, and any evidence in support, by 17 September 2024;

(b) the applicant is to lodge and serve any submissions limited to three pages and which are to address the question of whether a hearing may be dispensed with, and any evidence in opposition, by 1 October 2024;

(c) the respondent is to lodge any submissions in reply limited to two pages by 8 October 2024.

Catchwords:

CIVIL PROCEDURE – Time limits – Application for an extension of time to commence proceedings – Applicable principles – Application in part dismissed

LAND LAW - Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment are established - Application in part dismissed

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW), ss 28, 29, 30, 36, 38, 41, 60

Civil and Administrative Tribunal Rules 2014 (NSW), r 23

Interpretation Act 1987 (NSW), s 36(1)

Legal Profession Uniform Law (NSW), ss 169, 174

Strata Schemes Management Act 1996 (NSW), s 80D (repealed)

Strata Schemes Management Act 2015 (NSW), ss 9, 13, 23, 24, 37, 103, 106, 108, 136, 139, 141, 150, 227, 232, 237, 240, Sch 1, cll 4, 8, 15, 17, 22

Strata Schemes Management Regulation 2016 (NSW), cll 14A, 26

Workers Compensation Act 1987 (NSW), s 151D(2)

Cases Cited:

2 Elizabeth Bay Road Pty Ltd v The Owners - Strata Plan No 73943 (2014) 88 NSWLR 488; [2014] NSWCA 409

Blondel v The Owners – SP 37248 (unreported, proceedings 2022/00399150, 25 July 2024)

Cooper v The Owners – Strata Plan No 58068 (2020) 103 NSWLR 160; [2020] NSWCA 250

Coscuez International Pty Ltd v The Owners-Strata Plan No 46433 [2022] NSWCATAP 147

Foo v Frew [2023] NSWCATAP 303

Itex Graphix Pty Limited v Elliott (2002) 54 NSWLR 104; [2002] NSWCA 104

Jackson v NSW Land and Housing Corporation [2014] NSWCATAP

Jackson v NSW Land and Housing Corporation [2015] NSWCATAP 281

Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Limited [2015] NSWSC 289

The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270; (2013) 17 BPR 33,789

The Owners Strata Plan No 57164 v Yau (2017) 96 NSWLR…

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Details
Case
[2024] NSWCATCD 51
Decision Date

CaseChat Overview and Summary

In the case of Keddis v The Owners - Strata Plan No 20198, the applicant sought to challenge two decisions: the dismissal of proceedings 2023/00377627 and proceedings 2024/00065655, and the refusal to appoint a compulsory strata manager. The case was heard by the Supreme Court of New South Wales. The applicant argued that the proceedings were dismissed without merit and that the grounds for the compulsory appointment of a strata manager were valid.

The legal issues before the court were twofold. First, whether the applicant had demonstrated sufficient grounds to warrant an extension of time to commence the proceedings. Second, whether the evidence supported the compulsory appointment of a strata manager. The court needed to determine if the applicant's arguments had merit and whether the dismissals and refusals were justified.

In its decision, the court found that the applicant had not demonstrated a justifiable reason for the delay in commencing the proceedings, and therefore dismissed the application for an extension of time. Regarding the compulsory appointment of a strata manager, the court held that the applicant had not established the necessary grounds for such an appointment. Consequently, the application was dismissed in part. The court also set out specific directions for any future costs application by the respondent, allowing for a streamlined process to address the question of whether a hearing may be dispensed with.

Orders

Orders of the court

1 Proceedings 2023/00377627 are dismissed.

2 Proceedings 2024/00065655 are dismissed.

3 There is no order as to the costs of proceedings 2023/00377627 and proceedings 2024/00065655.

4 If the respondent makes an application to vary order (3) above in the manner and within the time specified in order 4(a) below, order (3) above ceases to have effect and the following directions apply:

(a) the respondent is to lodge and serve a costs application, including submissions limited to three pages and which are to address the question of whether a hearing may be dispensed with, and any evidence in support, by 17 September 2024;

(b) the applicant is to lodge and serve any submissions limited to three pages and which are to address the question of whether a hearing may be dispensed with, and any evidence in opposition, by 1 October 2024;

(c) the respondent is to lodge any submissions in reply limited to two pages by 8 October 2024.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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