Lockrey v Rosewall [2022] NSWCATCD 27

Lockrey v Rosewall [2022] NSWCATCD 27

The Tribunal dismissed the application because the evidence did not establish that the respondent acted in a threatening, aggressive, violent or seriously misconducting manner at the meeting; his forceful denial was a fleeting response to a false accusation of bullying. The Tribunal also declined to make orders under s 230 because the respondent had complied with the mediation agreement, intended to continue complying, and there was no utility or sufficient certainty in formulating the agreement as Tribunal orders.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Application Under the Strata Schemes Management Act 2015 (nsw) Seeking Removal of a Strata Committee Member and Orders Giving Effect to a Mediation Agreement / Final Hearing
Outcome
Application dismissed.
Legal Topics
['strata Schemes' 'strata Committee Removal' 'serious Misconduct' 'mediation Agreements' 'extraordinary General Meeting Conduct']
['strata Titles Law'] ['strata Schemes' 'strata Committee Removal' 'serious Misconduct' 'mediation Agreements' 'extraordinary General Meeting Conduct']

Case Brief

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Procedural Posture

Application Under the Strata Schemes Management Act 2015 (nsw) Seeking Removal of a Strata Committee Member and Orders Giving Effect to a Mediation Agreement / Final Hearing

Legal Issues

  1. 1 ['Whether the respondent should be removed from the strata committee under s 238 of the Strata Schemes Management Act 2015 (NSW) for alleged serious misconduct at the extraordinary general meeting on 6 May 2021.' 'Whether the Tribunal should make orders under s 230 of the Strata Schemes Management Act 2015 (NSW) giving effect to an agreement arising out of a mediation session between the parties.']

Ratio Decidendi

The Tribunal dismissed the application because the evidence did not establish that the respondent acted in a threatening, aggressive, violent or seriously misconducting manner at the meeting; his forceful denial was a fleeting response to a false accusation of bullying. The Tribunal also declined to make orders under s 230 because the respondent had complied with the mediation agreement, intended to continue complying, and there was no utility or sufficient certainty in formulating the agreement as Tribunal orders.

Court Disposition

Application dismissed.

Orders

  • ['The Application is dismissed.']