Trentelman v The Owners - Strata Plan No. 76700

The case of Trentelman v The Owners - Strata Plan No. 76700 was heard by the Civil and Administrative Tribunal of New South Wales. The applicant, Trentelman, sought an order to appoint a new strata managing agent for Strata Plan No. 76700 to address financial and management issues within the owners corporation. The application was brought against the existing owners corporation, which was represented by its managing agent.

The primary legal issues before the tribunal were whether Strata Plus Pty Ltd should be appointed as the managing agent, and if so, what terms and conditions should govern that appointment. Additionally, the tribunal needed to determine the appropriate financial and auditing measures that the new managing agent should implement. The court also needed to consider the costs associated with the application and whether a hearing was necessary to resolve these costs.

The tribunal refused the application for an adjournment and ordered the appointment of Strata Plus Pty Ltd as the managing agent of Strata Plan 76700. The terms of the appointment were to be governed by the Strata Management Agency Agreement attached to the letter from the managing director of Strata Plus dated 21 April 2021. The new managing agent was required to take specific actions, including arranging payment of a judgment debt owed to Trentelman and engaging an auditor to conduct a comprehensive audit of the owners corporation’s finances. Both parties were required to submit written submissions on the issue of costs, with the possibility of a hearing if either party objected to the matter being determined on the papers.