Shean v Strata Scheme Board [2000] NSWSC 526

Shean v Strata Scheme Board [2000] NSWSC 526

The Board’s orders appointing a strata managing agent with exclusive full powers were made without jurisdiction and in breach of procedural fairness, as affected parties were not provided notice and an opportunity to be heard; such orders cannot stand.

Jurisdiction
Australia
Judgment Date
14 June 2000
Procedural Posture
Appeal / Supreme Court of New South Wales Review of Board Orders
Outcome
Orders appointing strata managing agent set aside; all other relief refused save for costs reservation.
Legal Topics
['strata Title Management' 'procedural Fairness' 'jurisdiction of Board' 'appointment of Strata Managing Agent']
['administrative Law' 'property Law'] ['strata Title Management' 'procedural Fairness' 'jurisdiction of Board' 'appointment of Strata Managing Agent']

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Procedural Posture

Appeal / Supreme Court of New South Wales Review of Board Orders

Legal Issues

  1. 1 ['Whether the Strata Scheme Board had power to appoint a strata managing agent with full powers not on application in an appeal from adjudicator' 'Whether the making of the orders was attended by failure to afford procedural fairness (notice and opportunity to be heard) to interested parties']

Ratio Decidendi

The Board’s orders appointing a strata managing agent with exclusive full powers were made without jurisdiction and in breach of procedural fairness, as affected parties were not provided notice and an opportunity to be heard; such orders cannot stand.

Court Disposition

Orders appointing strata managing agent set aside; all other relief refused save for costs reservation.

Orders

  • ['Orders made by the Board on 5 November 1999 appointing a strata managing agent are set aside.' 'All other relief sought in the Summons is refused, except as to costs, which are reserved.' 'Exhibits may be returned.']