Zhang v Chehade

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Zhang v Chehade [2021] NSWCATCD 105

Hearing dates:

On the papers

Date of orders:

6 October 2021

Decision date:

06 October 2021

Jurisdiction:

Consumer and Commercial Division

Before:

G Sarginson, Senior Member

Decision:

(1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).

(2) The costs application in Matter SC 21/17244 is dismissed.

(3) No order for costs is made in Matter SC 21/17244 on the basis that each party should bear its own costs of Matter SC 21/17244 in accordance with Section 60 (1) of the Civil and Administrative Tribunal Act 2013 (NSW).

Catchwords:

COSTS — Strata Schemes — Application for interim orders dismissed — Whether special circumstances — Whether any special circumstances warrant costs order

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116

The Owners-Strata Plan No 63731 v B & G Trading Pty Ltd (No 2) [2020] NSWCATAP 273

Texts Cited:

Nil

Category:

Costs

Parties:

Wei Zhang (Applicant)
Rabie Chehade (First Respondent)
Strata Building Management Pty Ltd (Second Respondent)
The Owners - Strata Plan No. 10579 (Other party)

Representation:

Solicitors:
Weinberger Lawyers (Other party)

File Number(s):

SC 21/17244

Publication restriction:

Nil

REASONS FOR DECISION

1. This is a costs application from a decision of the Tribunal on 4 June 2021 dismissing an application for interim orders under s 231 of the Strata Schemes Management Act 2015 (NSW) (‘the SSMA’).

2. Mr Zhang is a Lot owner in a strata scheme located in Lansvale NSW. Mr Theo Trigas is another Lot owner in the strata scheme.

3. On 21 August 2020 the owners corporation held an Annual General Meeting (‘AGM’)

4. At the time of the 2021 AGM, Ms Carroll of Len Robinson Strata & Community Management was the strata managing agent of the owners corporation.

5. At the 2020 AGM a strata committee was elected. The Minutes of the AGM state that Mr Zhang and Mr Theo Trigas were elected to the strata committee along with 5 other persons.

6. The Minutes state that in respect of the appointment of a strata manager (Motion 18):

“IT WAS RESOLVED that the Owners Corporation defer the appointment of Len Robinson Strata Management and that the strata committee will determine”

7. The Minutes of the AGM further state that a strata committee meeting was held immediately following the AGM. The Minutes state that Mr Theo Trigas was elected as Secretary; Mr R. Stambolis was elected as Chairperson; and Mr J. Baba was elected as Treasurer.

8. On 22 October 2020, Mr Theo Trigas sent out an email to other strata committee members with the heading “General Meeting”. The email stated that there were 3 items on the Agenda as follows:

1. Motion 1-Terminate the strata managing agency agreement with Len Robinson Strata & Community Management.

2. Motion 2-The owners corporation resolve to appoint a new strata managing…