Shields v The Owners – Strata Plan No 1209 [2018] NSWCATCD 60

Shields v The Owners – Strata Plan No 1209 [2018] NSWCATCD 60

The evidence demonstrates the strata scheme is not functioning satisfactorily due to persistent acrimony, inability to repair and maintain common property, repeated changes and failures to appoint/manage agents, and discord among committee members, satisfying the grounds under s 237 for compulsory appointment of a strata manager.

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Application for Appointment of Compulsory Strata Manager / Final Determination
Outcome
Application granted for compulsory appointment of strata manager
Legal Topics
['strata Management' 'owners Corporation Functions' 'appointment of Strata Manager' 'dysfunctional Strata Scheme' 'repair and Maintenance of Common Property']
['real Property'] ['strata Management' 'owners Corporation Functions' 'appointment of Strata Manager' 'dysfunctional Strata Scheme' 'repair and Maintenance of Common Property']

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Procedural Posture

Application for Appointment of Compulsory Strata Manager / Final Determination

Legal Issues

  1. 1 ['Whether grounds exist for compulsory appointment of a strata management agent under s 237 of the Strata Schemes Management Act 2015 (NSW)' 'Whether the owners corporation has failed to perform its duties under the Act' 'Whether the strata scheme is dysfunctional and not functioning satisfactorily']

Ratio Decidendi

The evidence demonstrates the strata scheme is not functioning satisfactorily due to persistent acrimony, inability to repair and maintain common property, repeated changes and failures to appoint/manage agents, and discord among committee members, satisfying the grounds under s 237 for compulsory appointment of a strata manager.

Court Disposition

Application granted for compulsory appointment of strata manager

Orders

  • ['Bright and Duggan Pty Ltd is appointed for 12 months as strata managing agent of Strata Plan No 1209 to exercise all functions of the Owners – Strata Plan No 1209.' 'Bright and Duggan Pty Ltd to have and may exercise all functions of chairperson, secretary, treasurer or strata committee of the Owners – Strata Plan...