Taylor v The Owners Strata Plan No 53919

The case of Taylor v The Owners Strata Plan No 53919 involved a dispute between a unit owner and the owners of a strata plan over the payment of funds from the capital works fund. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The applicant, Taylor, sought an order compelling the respondent to pay funds from the capital works fund for certain works to be done on the common property of the strata plan. The respondent, the owners of the strata plan, resisted the application on the basis that the applicant had failed to comply with the disclosure requirements under the Strata Schemes Management Act 1996.

The legal issues before the Tribunal included whether the applicant had a valid claim for payment from the capital works fund and whether the applicant had breached the disclosure obligations under the Act. The Tribunal considered the obligations of the Strata Committee under section 74 of the Act and the duties of the committee members under section 34. The Tribunal also examined the provisions of clause 18 in Schedule 2 of the Act which deals with the disclosure of pecuniary interests in meetings of the strata committee.

The Tribunal found that the applicant had not made the required disclosure of a pecuniary interest in the matter being considered by the Strata Committee. As a result, the Tribunal dismissed the application and did not make any orders in relation to the payment of funds from the capital works fund. The Tribunal also directed the parties to the requirements of the Act and the obligations and duties of the Strata Committee. The Tribunal ordered that each party bear their own costs in accordance with the provisions of the Civil and Administrative Tribunal Act 2015.