The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130

The Owners - Strata Plan No 1813 v Keevers [2021] NSWCATAP 130

The Appeal Panel found that the Tribunal’s central factual conclusions that the building work subject to the special levy exceeded requirements under s 106 of the Strata Schemes Management Act 2015 (NSW) and that the special levy was imposed for an improper purpose, were made without sufficient probative evidence and were affected by material legal and factual errors, including procedural unfairness. The Tribunal’s findings about key witness credibility and improper purpose could not be sustained, and as these findings were vital to the orders for varying the special levy and appointing a strata manager, the Tribunal’s orders, including for costs, had to be set aside and the proceedings...

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Internal Appeal / Appeal Panel Decision (appeal From Tribunal Orders Including Costs)
Outcome
Appeal allowed; leave to appeal granted to the extent required; Tribunal’s earlier orders set aside; directions made for submissions regarding form of orders and costs; matter to be remitted for re-determination.
Legal Topics
['special Levy Under SSMA Section 106' 'resolution of Levies for Strata Repairs' 'appointment of Strata Manager Under SSMA Section 237' 'variation of Contributions Under SSMA Section 87' 'standing in Internal Appeal' 'tribunal Costs Orders' 'procedural Fairness in Fact Finding']
['land Law' 'strata Title' 'administrative Law'] ['special Levy Under SSMA Section 106' 'resolution of Levies for Strata Repairs' 'appointment of Strata Manager Under SSMA Section 237' 'variation of Contributions Under SSMA Section 87' 'standing in Internal Appeal' 'tribunal Costs Orders' 'procedural Fairness in Fact Finding']

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Procedural Posture

Internal Appeal / Appeal Panel Decision (appeal From Tribunal Orders Including Costs)

Legal Issues

  1. 1 ['Whether the special levy imposed exceeded what was required for repair under s 106 Strata Schemes Management Act 2015 (SSMA)' 'Whether the special levy was imposed for an improper purpose' 'Whether appointment of compulsory strata manager was justified' 'Whether sufficient probative evidence supported the Tribunal’s factual findings' 'Whether the Appellants had standing to bring the appeal' 'Adequacy of reasons and procedural fairness in Tribunal fact-finding' 'Appropriate order for costs and future orders on remittal']

Ratio Decidendi

The Appeal Panel found that the Tribunal’s central factual conclusions that the building work subject to the special levy exceeded requirements under s 106 of the Strata Schemes Management Act 2015 (NSW) and that the special levy was imposed for an improper purpose, were made without sufficient probative evidence and were affected by material legal and factual errors, including procedural unfairness. The Tribunal’s findings about key witness credibility and improper purpose could not be sustained, and as these findings were vital to the orders for varying the special levy and appointing a strata manager, the Tribunal’s orders, including for costs, had to be set aside and the proceedings...

Court Disposition

Appeal allowed; leave to appeal granted to the extent required; Tribunal’s earlier orders set aside; directions made for submissions regarding form of orders and costs; matter to be remitted for re-determination.

Orders

  • ['To the extent required, leave to appeal is granted.' 'The appeal is allowed.' 'The orders made by the Tribunal on 14 July 2020 concerning costs are set aside.' 'Within 14 days after the date of publication of these reasons, the SPG appellants are to provide written submissions concerning the form of the remaining...