The Bunker Pty Ltd v The Owners - Strata Plan No. 63731

The Bunker Pty Ltd sought relief against The Owners - Strata Plan No. 63731 in the Civil and Administrative Tribunal of New South Wales. The primary issue was whether the Tribunal had the authority to appoint a compulsory strata managing agent to handle matters concerning specific lots and their owners within a strata scheme, rather than all lot owners. The dispute arose from the management of two specific lots within the strata plan, including issues related to their owners and tenants.

The central legal issue before the Tribunal was whether the statutory provisions of the Strata Schemes Management Act 2015 permitted the appointment of a strata managing agent to exercise the functions of the strata committee for specific lots and their registered proprietors, tenants, lessees, or licensees, without encompassing all lot owners. The Tribunal examined the language and scope of the relevant sections of the Act to determine if such a limited appointment was permissible.

In its reasoning, the Tribunal concluded that the statutory provisions did indeed allow for such a limited appointment of a strata managing agent. The Tribunal found that the Act's language permitted the exercise of the specified functions of the strata committee for particular lots and their associated parties, without extending to all lot owners. This interpretation was based on a textual analysis of the relevant sections and the Tribunal's understanding of the legislative intent behind the Act.

The Tribunal issued orders appointing Wellman Strata Management Pty Ltd as the compulsory strata managing agent for two years, to handle matters relating to specific lots and their registered proprietors, tenants, lessees, or licensees. The Tribunal also ordered that the Second Respondent must provide a copy of these orders to any current or future members of the strata committee. The orders further mandated that any application for costs must be submitted by a specified date, with responses to be filed by an even later date, and that any submissions on costs must address whether the matter could be resolved on the papers without a further hearing.