Crespel v The Owners – Strata Plan No 66165 [2022] NSWCATCD 141

Crespel v The Owners – Strata Plan No 66165 [2022] NSWCATCD 141

On the evidence, the threshold for appointing a compulsory strata manager was not met: remedial scheme works were approved and under implementation, and the previous conflict was altered by the second respondent's resignation. Claims for compensation and other relief lacked legal basis or supporting evidence, so they were dismissed except noting resolution and progress.

Parties
Applicant: Julie Ann Crespel; First Respondent: The Owners – Strata Plan No 66165; Second Respondent: Ben Collis
Jurisdiction
Australia
Judgment Date
05 September 2022
Procedural Posture
Application for Relief in Strata Scheme Dispute / Final Judgment at Substantive Hearing
Outcome
Application dismissed except as noted regarding resolved issues and progress; claims against second respondent resolved with no order as to costs; costs reserved for further submissions.
Legal Topics
Duty to Repair Common Property, Compulsory Strata Management, Alterations to Common Property, By Laws, Reimbursement of Expenses
Real Property Strata Management Duty to Repair Common Property Compulsory Strata Management Alterations to Common Property By Laws Reimbursement of Expenses

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Parties

Julie Ann Crespel

Applicant

The Owners – Strata Plan No 66165

First Respondent

Ben Collis

Second Respondent

Procedural Posture

Application for Relief in Strata Scheme Dispute / Final Judgment at Substantive Hearing

Legal Issues

  1. 1 Whether compulsory strata manager should be appointed under SSMA s 237
  2. 2 Whether owners corporation failed in duty to maintain and repair common property under SSMA s 106
  3. 3 Whether applicant entitled to reimbursement of costs for hot water system and by-law drafting

Ratio Decidendi

On the evidence, the threshold for appointing a compulsory strata manager was not met: remedial scheme works were approved and under implementation, and the previous conflict was altered by the second respondent's resignation. Claims for compensation and other relief lacked legal basis or supporting evidence, so they were dismissed except noting resolution and progress.

Court Disposition

Application dismissed except as noted regarding resolved issues and progress; claims against second respondent resolved with no order as to costs; costs reserved for further submissions.

Orders

  • Noted remedial works approved and implementation begun; claims against second respondent resolved upon resignation.
  • Application in SC 21/48785 and remaining aspects of SC 21/48788 dismissed except for costs.