The Owners - Strata Plan No 1813 v Keevers, Bourke & Fardell (No 2) [2021] NSWCATAP 229

The Owners - Strata Plan No 1813 v Keevers, Bourke & Fardell (No 2) [2021] NSWCATAP 229

The appropriate consequential orders were to vary the compulsory strata manager orders to reflect that Rollings and Tyrell Pty Ltd's appointment terminated on 28 May 2021, set aside the special levy variation orders except for the unchallenged $80,000 levy for common stairs repair work, and remit the remaining claims for redetermination. The Appeal Panel declined to make the SPG Appellants' proposed fresh s 87 variation because the validity and excessiveness of the $980,000 levy required redetermination, but also rejected the first respondent's proposal because it ignored the unchallenged $80,000 component. The SPG Appellants were substantially successful because all challenged Tribunal...

Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Internal Appeal in Strata Proceedings / Consequential Orders Following Substantive Appeal Decision, Including Remittal and Costs
Outcome
Further consequential orders made; Tribunal orders varied and set aside in part; claims and first-instance costs remitted for redetermination; SPG Appellants awarded costs of the appeal against the respondents.
Legal Topics
['consequential Orders on Appeal' 'appointment of Compulsory Strata Manager' 'variation of Special Levy' 'remittal for Redetermination' 'costs of Appeal']
['strata Title' 'costs' 'civil and Administrative Procedure'] ['consequential Orders on Appeal' 'appointment of Compulsory Strata Manager' 'variation of Special Levy' 'remittal for Redetermination' 'costs of Appeal']

Case Brief

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Procedural Posture

Internal Appeal in Strata Proceedings / Consequential Orders Following Substantive Appeal Decision, Including Remittal and Costs

Legal Issues

  1. 1 ['What consequential orders should be made after the Appeal Panel concluded that the Tribunal erred in appointing a compulsory strata manager and varying a special levy.' "Whether the Tribunal's orders varying the special levy should be set aside entirely or preserved to the extent of the unchallenged $80,000 levy for common stairs repair work." 'What claims should be remitted to a differently constituted Tribunal for redetermination.' 'Whether the SPG Appellants should be awarded costs of the appeal.']

Ratio Decidendi

The appropriate consequential orders were to vary the compulsory strata manager orders to reflect that Rollings and Tyrell Pty Ltd's appointment terminated on 28 May 2021, set aside the special levy variation orders except for the unchallenged $80,000 levy for common stairs repair work, and remit the remaining claims for redetermination. The Appeal Panel declined to make the SPG Appellants' proposed fresh s 87 variation because the validity and excessiveness of the $980,000 levy required redetermination, but also rejected the first respondent's proposal because it ignored the unchallenged $80,000 component. The SPG Appellants were substantially successful because all challenged Tribunal...

Court Disposition

Further consequential orders made; Tribunal orders varied and set aside in part; claims and first-instance costs remitted for redetermination; SPG Appellants awarded costs of the appeal against the respondents.

Orders

  • ["Vary orders 1 and 2 of the Tribunal's orders made in proceedings SC 19/28242 such that the appointment of Rollings and Tyrell Pty Ltd as strata managing agent under order 1 terminated on 28 May 2021." 'Set aside order 1 in proceedings SC 19/28238 and order 1 in proceedings SC 19/28234 save to the extent that each...