The Owners Strata Plan no 73224 v Ikon Realty Pty Ltd t/as Ikon Strata

The Owners Strata Plan no 73224 sought to terminate its contract with Ikon Realty Pty Ltd t/as Ikon Strata, which was its strata managing agent. The dispute came before the Supreme Court of New South Wales. The applicants sought to terminate the contract on the basis of alleged breaches by the respondent, and to obtain a declaration that a resolution of the owners’ corporation to commence proceedings against the respondent was valid. Ikon Realty sought to have the application dismissed and to have the resolution declared invalid.

The court was required to determine whether the applicants had standing to bring the proceedings, whether the resolution of the owners’ corporation to commence proceedings was valid, and whether the applicants were entitled to terminate the contract with Ikon Realty. The court found that the applicants did have standing to bring the proceedings, and that the resolution of the owners’ corporation was valid. However, the court found that the applicants were not entitled to terminate the contract with Ikon Realty, as there were no grounds for termination under the terms of the contract.

The court dismissed the application and made orders in respect of costs. The applicants were required to file and serve any application for costs, including submissions and evidence, within 14 days of the date of the orders. Any submissions or evidence in response were to be filed and served within a further 14 days. Any submissions in respect of costs were to state whether the party consented to the question of costs being determined on the papers, and if not, why. If there was no application for costs, then there would be no order as to costs, with the intent that each party pay its own costs.