Lockrey v Rosewall

[2022] NSWCATCD 27

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Lockrey v Rosewall [2022] NSWCATCD 27

Hearing dates:

17 February 2022

Date of orders:

23 February 2022

Decision date:

23 February 2022

Jurisdiction:

Consumer and Commercial Division

Before:

D Moujalli, Senior Member

Decision:

The Tribunal orders that the Application is dismissed.

Catchwords:

STRATA TITLES LAW — Strata schemes — Conduct at extraordinary general meeting — Order sought for removal of strata committee member from office – Order sough to give effect to agreement arising out of mediation session

Legislation Cited:

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

Gershberg & Troyanovski v Owners Corporation SP 5768 [2011] NSWCTTT 411

Linney v The Owners - Strata Plan No. 11669 [2021] NSWCATCD 123

Velastegui v Chan [2021] NSWCATCD 98

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Christopher Lockrey (Applicant)
Jason Rosewall (Respondent)

Representation:

Applicant (Self-represented)
Respondent (Self-represented)

File Number(s):

SC 21/49021

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. On 30 November 2021 the applicant, Christopher Lockrey, lodged an application with the Tribunal which nominated Jason Rosewall as the respondent (the Application).

2. Both parties are lot owners in the strata scheme in respect of Strata Plan 47748. The strata scheme comprises of 20 lots. The respondent is also a member of the strata committee and the secretary of the owners corporation of SP 47748.

3. The Application seeks orders under the Strata Schemes Management Act 2015 (NSW) (the SSMA). The specific orders sought are:

1. an order under s 238 of the SSMA removing the respondent as a member of the strata committee; and

2. an order or orders under s 230 of the SSMA to give effect to an agreement arising out of a mediation session between the parties.

4. The Application was listed for hearing on 17 February 2022.

5. At the hearing on 17 February 2022, both parties appeared and were self-represented. The hearing proceeded by telephone. At the hearing each party was given an opportunity to present his evidence, ask questions of the other party and make submissions. Both Mr Lockrey and Mr Rosewall did this in a respectful manner notwithstanding the differences of opinion between them, which is discussed further below. The Tribunal is grateful for their co-operation in the conduct of the hearing.

Evidence

6. In determining the Application, the Tribunal has had regard to the following:

1. The material filed by the applicant on 14 February 2022. This included a two page statement prepared by the applicant and also an earlier statement prepared by the applicant under the heading “Reasons for Application”. The Reasons for Application was attached to the Application. This material was marked Exhibit A1 at the hearing on 17 February 2022.

2. The matters stated by the applicant in the Application.

3. The material filed by the respondent on 16 December 2022. This was marked Exhibit R1 at the hearing on 17 February 2022.

4. The further material filed by the respondent on 24 January 2022. This was marked Exhibit R2 at the hearing on 17 February 2022.

5. The oral evidence and submissions…