Allsopp v The Owners - Strata Plan No 6006 [2022] NSWCATAP 365

Allsopp v The Owners - Strata Plan No 6006 [2022] NSWCATAP 365

The Tribunal did not err in law or fact in exercising its discretion under s 237 SSMA by refusing to appoint a compulsory strata managing agent, having regard to recent positive steps in management and the draconian nature of compulsory appointment; no procedural unfairness was established, nor was any significant new evidence presented that warranted leave to appeal. Accordingly, leave to appeal is refused and the appeal is dismissed.

Parties
Appellant: Leigh Allsopp; Respondent: The Owners-Strata Plan No 6006
Jurisdiction
Australia
Judgment Date
18 November 2022
Procedural Posture
Appeal / Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Strata Title, Appointment of Compulsory Strata Managing Agent, Procedural Fairness, Tribunal Discretion
Land Law Strata Title Appointment of Compulsory Strata Managing Agent Procedural Fairness Tribunal Discretion

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Parties

Leigh Allsopp

Appellant

The Owners-Strata Plan No 6006

Respondent

Procedural Posture

Appeal / Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether Tribunal erred in declining to appoint a compulsory strata managing agent under s 237 of the Strata Schemes Management Act 2015 (NSW) despite finding the strata scheme was not functioning satisfactorily
  2. 2 Whether procedural fairness was denied in the original hearing
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The Tribunal did not err in law or fact in exercising its discretion under s 237 SSMA by refusing to appoint a compulsory strata managing agent, having regard to recent positive steps in management and the draconian nature of compulsory appointment; no procedural unfairness was established, nor was any significant new evidence presented that warranted leave to appeal. Accordingly, leave to appeal is refused and the appeal is dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.