The Owners - Strata Plan No 54026 v Phillipa Ternes

The Owners – Strata Plan No 54026 sought to recover unpaid levies from Phillipa Ternes, who resided in a unit within the strata plan. The dispute arose from Ternes' refusal to pay levies, leading the owners to initiate proceedings in the Local Court. The case was subsequently transferred to the Civil and Administrative Tribunal (NCAT), where Ternes applied for summary dismissal or a stay of proceedings, as well as for the disclosure of details recorded on the strata roll.

The central legal issues before the court were whether the proceedings should be transferred to the NCAT and whether the tribunal had jurisdiction to order the production of contact details of owners recorded on the strata roll under the Strata Schemes Management Act 2015 (NSW). The court had to determine the appropriate forum for the dispute and the extent of the tribunal’s authority regarding disclosure of information on the strata roll.

The tribunal found that the proceedings were appropriately transferred to NCAT, as the tribunal has the jurisdiction to hear matters related to strata title and management. The tribunal also determined that it had the authority to order the production of details recorded on the strata roll under the relevant sections of the Act, provided it was for a proper purpose and not an abuse of process. The tribunal emphasised the importance of protecting the privacy and confidentiality of personal information, while balancing it with the need for transparency and accountability in strata management.

The tribunal dismissed Ternes' application for summary dismissal and denied the application for a stay of proceedings. The tribunal also granted the order for disclosure of the contact details of owners recorded on the strata roll, subject to certain confidentiality protections.