Saad v The Owners - Strata Plan No 75928

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Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Saad v The Owners - Strata Plan No 75928 [2025] NSWCATCD 108
Hearing dates: 24 February 2025
Date of orders: 5 August 2025
Decision date: 05 August 2025
Jurisdiction:Consumer and Commercial Division
Before: G K Burton SC, Senior Member
Decision:

(1)   Join John Bay Holdings PL as sixth respondent.

(2)   Remove James Still as fifth respondent.

(3)   Applications dismissed.

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – removal of strata committee and appointment of compulsory strata manager – Strata Schemes Management Act 2015 (NSW) ss 37, 102, 237, 238

Legislation Cited:

Strata Schemes Management Act 2015 (NSW)

Strata Schemes Management Regulation 2016 (NSW)

Cases Cited:

Anderson v Owners SP 61034 [2019] NSWCATAP 61

Bate v Owners SP 60549 [2018] NSWCATCD 36

Bischoff v Rita Sahade [2015] NSWCATAP 135

Brown v The Owners – Strata Plan No 82527 [2022] NSWCATAP 328

Co Funds Management PL v Owners SP 78945 [2011] NSWCTTT 488

Farland v Simmons [2018] NSWCATCD 28

Foong v Scutella [2021] NSWCATAP 225

Gershberg v Owners SP 5768 [2011] NSWCTTT 411

Hoare v Owners SP 73905 [2018] NSWCATCD 45

Kahn v Owners SP 2010 [2017] NSWCATAP 39

Kotevski v Seadon and Owners SP 82413 [2013] NSWCTTT 597

Linney v Owners SP 11669 [2021] NSCATCD 123

Lockrey v Rosewall [2022] NSWCATCD 27

McGrath v Owners SP 13631 [2022] NSWCATCD 60

Moallem v CTTT [2013] NSWSC 1700

Owners SP 14593 v Soares [2019] NSWCATAP 3

Owners SP 63341 v Malachite Holdings PL [2018] NSWCATAP 256

Owners SP 74698 v Jacinta Investments PL [2021] NSWCATAP 387

Robinson v Owners SP 61717 [2018] NSWCATCD 49

Unilodge Australia PL v Owners SP 54026 [2020] NSWCATCD

Category:Principal judgment
Parties: Engy Saad (applicant)
The Owners – Strata Plan No 75928 (first respondent)
John Patrick Baylouni (second respondent)
Pu Koh (third respondent)
George Kokkinos (fourth respondent)
James Still (fifth respondent)
Representation: Parties self-represented
File Number(s): 2024/00320022; 2024/00319982; 2025/00005767
Publication restriction: Nil

REASONS FOR DECISION

Outcome

  1. I have decided to dismiss the applications for the reasons below.

  2. I have made no costs orders since no party was legally represented by leave and no other costs which could be the subject of orders were referred to.

Background, issues, procedure

  1. The applicant is a lot owner in a 32-lot strata scheme in Erskineville, an inner western suburb in Sydney, NSW. The lot is tenanted.

  2. In 2024/00320022 filed 27.viii.24 against Ace Body Corporate in Chippendate (the strata manager), John Patrick Baylouni, Pu Koh, George Kokkinos and James Still, the applicant sought orders under Strata Schemes Management Act 2015 (NSW) (SSMA) ss 72 (termination of strata manager), 90 (costs in proceedings between owners corporation and lot owner), 131 (licence for lot owner to use common property), 187, 188 (access to strata records) and 238 (removal of strata committee). In reality, the application was for orders under ss 237 and 238 respectively for removal of the strata manager and the strata committee (SC) and the appointment of a compulsory strata manager.

  3. The grounds…

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Details
Case
[2025] NSWCATCD 108
Decision Date

CaseChat Overview and Summary

The case of Saad v The Owners - Strata Plan No 75928 involved a dispute concerning the management of a strata scheme under the Strata Schemes Management Act 2015 (NSW). The applicant, Saad, sought the removal of the existing strata committee and the appointment of a compulsory strata manager due to alleged mismanagement and conflict of interest. The respondents included the existing strata committee, and other entities associated with the strata plan. The dispute was heard by the NSW Civil and Administrative Tribunal.

The primary legal issues the court needed to address were whether the existing strata committee had indeed engaged in mismanagement and conflict of interest, warranting their removal and the appointment of a compulsory strata manager. Additionally, the court needed to determine the appropriate procedural steps and whether the application complied with the statutory requirements set out in the Act.

The court found that the application did not meet the statutory requirements for the removal of a strata committee and the appointment of a compulsory strata manager. The applicant had not provided sufficient evidence to support the allegations of mismanagement and conflict of interest. Furthermore, the court noted procedural deficiencies in the application, including the incorrect identification of parties. As a result, the application was dismissed.

The tribunal made several orders, including joining John Bay Holdings PL as a sixth respondent, removing James Still as a fifth respondent, and dismissing the applications brought by the applicant. The decision underscored the importance of strict adherence to statutory procedures and the necessity for robust evidence in strata management disputes.

Orders

Orders of the court

(1) Join John Bay Holdings PL as sixth respondent.

(2) Remove James Still as fifth respondent.

(3) Applications dismissed.

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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