Lu v Community Association DP 270682 [2022] NSWCATCD 47

Lu v Community Association DP 270682 [2022] NSWCATCD 47

The Tribunal concluded that, though breaches alleged by the applicant may be assumed established, the appropriate remedy would have been appointing a new managing agent, which had already occurred. The applicant's conduct was found to be the central cause of disputes, not a dysfunctional management structure of the respondent. The Tribunal was not satisfied that circumstances justified removal of democratic rights of lot owners or the appointment of a compulsory managing agent. The application for an order under s 85 of the CLMA was dismissed.

Jurisdiction
Australia
Judgment Date
01 March 2022
Procedural Posture
Civil Application / Final Determination
Outcome
Application dismissed
Legal Topics
['appointment of Compulsory Managing Agent' 'compliance With Act and by Laws' 'conduct of Executive Committee Members']
['community Association' 'strata and Property Law'] ['appointment of Compulsory Managing Agent' 'compliance With Act and by Laws' 'conduct of Executive Committee Members']

Case Brief

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Procedural Posture

Civil Application / Final Determination

Legal Issues

  1. 1 ["Whether the management structure of the respondent's community scheme is functioning satisfactorily" 'Whether breaches of the Community Land Management Act 1989 (NSW), regulations and by-laws justify the appointment of a compulsory managing agent' 'Whether conduct among executive committee members warrants intervention']

Ratio Decidendi

The Tribunal concluded that, though breaches alleged by the applicant may be assumed established, the appropriate remedy would have been appointing a new managing agent, which had already occurred. The applicant's conduct was found to be the central cause of disputes, not a dysfunctional management structure of the respondent. The Tribunal was not satisfied that circumstances justified removal of democratic rights of lot owners or the appointment of a compulsory managing agent. The application for an order under s 85 of the CLMA was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'Any application for costs, supported by evidence and submissions not exceeding five pages in length, is to be provided to the Tribunal and the other party on or before 15 March 2022.' 'Any response to any such application, supported by evidence and submissions not exceeding five...