Farland v Simmons; Simmons v Farland [2018] NSWCATCD 28

Farland v Simmons; Simmons v Farland [2018] NSWCATCD 28

Proactive Strata Services Pty Ltd is the most appropriate appointment as compulsory strata managing agent, being likely to provide the necessary services at least cost and with no evidence of partiality, whereas the limitations sought by the respondent are unnecessary and may impede proper scheme management.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Strata Management Dispute / Orders After Hearing of Applications for Compulsory Appointment of Strata Managing Agent
Outcome
Substantive orders made; compulsory appointment of strata manager; respondent's sought limitations refused; costs reserved
Legal Topics
['compulsory Appointment of Strata Managing Agent' 'management of Two Lot Strata Schemes' 'tribunal Costs' 'functions of Strata Managers']
['strata Law' 'property Law' 'administrative Law'] ['compulsory Appointment of Strata Managing Agent' 'management of Two Lot Strata Schemes' 'tribunal Costs' 'functions of Strata Managers']

Case Brief

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Procedural Posture

Strata Management Dispute / Orders After Hearing of Applications for Compulsory Appointment of Strata Managing Agent

Legal Issues

  1. 1 ['Whether compulsory appointment of a strata managing agent should be made under Strata Schemes Management Act 2015 s 237' 'Which of the proposed strata managing agents should be appointed' "Whether limitations should be imposed on the appointed strata manager's authority (making common property rights by-law, capping contributions)"]

Ratio Decidendi

Proactive Strata Services Pty Ltd is the most appropriate appointment as compulsory strata managing agent, being likely to provide the necessary services at least cost and with no evidence of partiality, whereas the limitations sought by the respondent are unnecessary and may impede proper scheme management.

Court Disposition

Substantive orders made; compulsory appointment of strata manager; respondent's sought limitations refused; costs reserved

Orders

  • ['Proactive Strata Services Pty Ltd appointed as strata managing agent for The Owners-Strata Scheme No 13849 for 12 months, to exercise all functions of the Owners Corporation and its officers/committee, on terms of the 13 June 2018 agreement' 'Delivery of all books, records or property of the Owners Corporation by...