Maple v The Owners-Strata Plan No 8950

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

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

Hearing dates:

3 September 2021

Date of orders:

19 November 2021

Decision date:

19 November 2021

Jurisdiction:

Consumer and Commercial Division

Before:

G Sarginson, Senior Member

Decision:

(1) The application is dismissed

Catchwords:

LAND LAW — Strata schemes — Appointment of compulsory strata manager — Whether grounds for compulsory appointment established

Legislation Cited:

Strata Scheme Regulation 2016 (NSW)

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

Bischoff v Sahade [2015] NSWCATAP 135

Hoare and Ors v The Owners-Strata Plan No 73905 [2018] NSWCATCD 45

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Allan Maple (Applicant)
The Owners - Strata Plan No. 8950 (Respondent)

Representation:

Applicant (Self-Represented)
K Yanez-Forrest (Respondent)

File Number(s):

SC 20/41336

Publication restriction:

Nil

REASONS FOR DECISION

1. This is an application by a Lot owner in a strata scheme located in the inner-west of Sydney, NSW for appointment of a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 (NSW) (‘the SSMA’).

2. The strata scheme building is located in close proximity to Sydney Harbour. Common property of the strata scheme includes a sandstone sea-walls and a wooden boatshed has been constructed on common property. The strata scheme comprises of 10 Lots and common property.

3. The land of the strata scheme slopes down to the harbour. There are a number of sandstone retaining walls upon the land, including a large retaining wall.

4. Between approximately June 2017 and 31 August 2020 the applicant was a member of the strata committee of the owners corporation. He was Chairperson of the strata committee from 24 October 2018 to 31 August 2020. The applicant did not nominate for election to the strata committee at the annual general meeting of the owners corporation on 31 August 2020.

5. At the annual general meeting of the owners corporation on 31 August 2020 a strata committee that included Ms Yanez-Forrest (Secretary) and Mr Orchard (Chairperson) was elected. They remained elected strata committee members after the Annual General Meeting on 24 August 2021, plus 4 other Lot owners.

6. On 23 September 2020, the applicant filed proceedings in the Tribunal.

7. The matter was listed for a directions hearing on 17 February 2021. At that directions hearing, the Tribunal made procedural directions regarding the filing and serving of evidence and submissions. The Tribunal set the matter down for hearing.

8. The matter was listed for hearing on 24 May 2021 before Senior Member Blake. The hearing was adjourned, for reasons that relevantly included the parties’ failure to comply with procedural directions.

9. The matter was then listed for hearing at the Tribunal on 3 September 2021. The hearing was conducted by audio-visual link. The applicant appeared and gave evidence. He was not cross examined by the respondent. Ms Yanez-Forrest gave evidence. She was briefly cross examined by the applicant. The respective parties then made oral submissions.

10. The vast majority of the evidence was the documents of each…