Tan v The Owners - Strata Plan 22014

In the matter of Tan v The Owners - Strata Plan 22014, the dispute arose in the NSW Supreme Court concerning the validity of orders issued by the NSW Civil and Administrative Tribunal (NCAT) which appointed strata managing agents for a strata scheme. The respondents, the owners of a strata plan, sought to set aside the NCAT orders, arguing that the orders were obtained against good faith or in the absence of the parties. The principal issue before the court was whether the NCAT orders had the effect of displacing the power of the executive committee to appoint a solicitor to act for the Owners Corporation, and if so, whether the orders should be set aside on the basis that there was a serious question to be tried concerning the manner in which they were obtained.

The court considered the relevant statutory provisions governing strata schemes and the powers of the executive committee. It was established that the NCAT had the authority to appoint managing agents, but the court needed to determine whether this authority extended to displacing the committee's power to appoint a solicitor. The court found that the NCAT orders did not explicitly or implicitly displace the committee's power. Furthermore, the court held that the respondents had not demonstrated a serious question to be tried regarding the good faith or procedural fairness of the NCAT's actions. The court determined that the respondents' allegations of procedural unfairness were not sufficient to warrant setting aside the NCAT orders.

The court dismissed the application to set aside the NCAT orders, finding that the orders did not displace the executive committee's power to appoint a solicitor and that there was no serious question to be tried concerning the manner in which the orders were obtained. Consequently, the NCAT orders remained in effect, and the executive committee was required to follow the directives issued by the appointed strata managing agents.