Maple v The Owners - Strata Plan No. 8950 [2021] NSWCATCD 108

Maple v The Owners - Strata Plan No. 8950 [2021] NSWCATCD 108

The Tribunal was not satisfied that the management of the strata scheme was not functioning or not functioning satisfactorily, nor that any of the owner's corporation's conduct justified the serious intervention of appointing a compulsory strata manager. The evidence showed the owners corporation had taken adequate steps to address past issues, and there were no present grounds under s 237(3) of the SSMA established.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Application for Appointment of Compulsory Strata Manager / Final Determination
Outcome
Application dismissed
Legal Topics
['strata Schemes' 'appointment of Compulsory Strata Manager']
['land Law'] ['strata Schemes' 'appointment of Compulsory Strata Manager']

Case Brief

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Procedural Posture

Application for Appointment of Compulsory Strata Manager / Final Determination

Legal Issues

  1. 1 ['Whether there are grounds for compulsory appointment of a strata manager under s 237 of the Strata Schemes Management Act 2015 (NSW)']

Ratio Decidendi

The Tribunal was not satisfied that the management of the strata scheme was not functioning or not functioning satisfactorily, nor that any of the owner's corporation's conduct justified the serious intervention of appointing a compulsory strata manager. The evidence showed the owners corporation had taken adequate steps to address past issues, and there were no present grounds under s 237(3) of the SSMA established.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']