The Owners of Strata Plan 75633 v Axiom Property Consulting Pty Limited

The Owners of Strata Plan 75633 brought an action against Axiom Property Consulting Pty Limited, their former compulsory strata manager, in the Supreme Court of New South Wales. The owners corporation alleged that Axiom had failed to deliver up books and records, which were necessary for the new strata manager to properly manage the strata title. The dispute centred on Axiom's refusal to deliver the required documents, the additional work the new strata manager had to perform as a result, and the legal costs incurred by the owners corporation in pursuing the matter. Additionally, the owners corporation sought an account from Axiom for its failure to maintain proper books and records and damages for the distress and inconvenience caused by the delay in the handover.

The primary legal issues before the court were whether the owners corporation was entitled to an order for the delivery up of the books and records, the nature and extent of any damages the owners corporation could claim, and the circumstances under which Axiom would be liable to account to the owners corporation. The court had to consider whether the failure to deliver the books and records constituted a breach of Axiom's duties as a compulsory strata manager and whether the owners corporation's claims for damages and an account were justified. The court also needed to determine whether the owners corporation was entitled to recover the legal costs it incurred in pursuing the matter from Axiom.

The court found that Axiom's failure to deliver the books and records constituted a breach of its duties as a compulsory strata manager, and ordered Axiom to deliver the required documents. The court held that the owners corporation was entitled to an account from Axiom for its failure to maintain proper books and records, and that the owners corporation could recover the additional work performed by the new strata manager due to the delay in the handover. The court further found that the owners corporation was entitled to recover its legal costs in pursuing the matter from Axiom, as the failure to deliver the books and records was a breach of Axiom's duties. The court ordered Axiom to pay the owners corporation's legal costs, as well as damages for the distress and inconvenience caused by the delay in the handover.