The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205

The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205

The Appeal Panel dismissed the appeal because the Tribunal's findings disclosed evidence supporting the conclusion that the Owners Corporation had breached duties and was not functioning satisfactorily. The Tribunal was entitled to consider the failings cumulatively, including notice and quorum failures at the AGM, ineligible committee appointments, absence of a capital works plan, failure to provide the proposed agency agreement, incorrect minutes and levy notices, slow response to complaints, and failure to mediate. The Appellants did not establish an error of law, that the decision was not fair and equitable, or that there had been a substantial miscarriage of justice warranting...

Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Internal Appeal in a Strata Schemes Management Dispute / Appeal From a Consumer and Commercial Division Decision Appointing a Compulsory Strata Manager
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['internal Appeal' 'question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'compulsory Strata Manager' 'owners Corporation Functions' 'strata Managing Agent']
['administrative Law' 'strata Schemes' 'civil and Administrative Tribunal Procedure'] ['internal Appeal' 'question of Law' 'leave to Appeal' 'substantial Miscarriage of Justice' 'compulsory Strata Manager' 'owners Corporation Functions' 'strata Managing Agent']

Case Brief

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Procedural Posture

Internal Appeal in a Strata Schemes Management Dispute / Appeal From a Consumer and Commercial Division Decision Appointing a Compulsory Strata Manager

Legal Issues

  1. 1 ["Whether there was no evidence to support the Tribunal's findings that the Owners Corporation was not functioning satisfactorily and had failed to perform duties." 'Whether the appointment of a compulsory strata manager was disproportionate to the failings found by the Tribunal and therefore not fair and equitable or a substantial miscarriage of justice.' 'Whether time for lodgement of the appeal should be extended.' 'Whether the Owners Corporation should have leave to be legally represented.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because the Tribunal's findings disclosed evidence supporting the conclusion that the Owners Corporation had breached duties and was not functioning satisfactorily. The Tribunal was entitled to consider the failings cumulatively, including notice and quorum failures at the AGM, ineligible committee appointments, absence of a capital works plan, failure to provide the proposed agency agreement, incorrect minutes and levy notices, slow response to complaints, and failure to mediate. The Appellants did not establish an error of law, that the decision was not fair and equitable, or that there had been a substantial miscarriage of justice warranting...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The Owners Corporation has leave to be legally represented on the condition that the Owners Corporation makes no claim for costs of the appeal against the other parties to this appeal.' 'The time for lodgement of the appeal is extended to 29 June 2020.' 'Leave to appeal granted.' 'Appeal dismissed.']