The Owners - Strata Plan No 63517 v Titles Strata Management Pty Ltd

In the matter of The Owners - Strata Plan No 63517, the plaintiffs, against Titles Strata Management Pty Ltd, the defendant, the dispute was brought before the NSW Civil and Administrative Tribunal. The plaintiffs sought a declaration that the defendant's fees were unreasonable and sought to recover overpaid fees. The defendant, the strata managing agent, had continued to provide services after the expiration of its term of appointment. The dispute centred on whether the defendant was entitled to recover fees for services provided after the term of appointment had expired and whether the fees charged were reasonable.

The court had to determine whether the defendant's continued provision of services after the expiration of its term of appointment constituted an implied contract or a contract by estoppel. Additionally, the court had to decide if the fees charged by the defendant were reasonable. The court found that the defendant's continued services did not constitute an implied contract, as there was no evidence of a mutual assumption by the parties that the defendant would continue to provide services after the term of appointment had expired. The court also found that the fees charged by the defendant were reasonable.

The court dismissed the application, holding that the defendant was not liable to the plaintiffs for any overpaid fees. The court ordered that each party was to bear their own costs. The court also set out a timetable for any party seeking to vary the costs order, allowing for written submissions and the possibility of an oral hearing if necessary. This decision provides guidance on the circumstances in which a strata managing agent may be liable for fees charged after the expiration of their term of appointment.