Bradshaw v Cooke and The Owners – Strata Plan No 91905 [2021] NSWCATAP 156

Bradshaw v Cooke and The Owners – Strata Plan No 91905 [2021] NSWCATAP 156

Leave to appeal was refused and the appeal dismissed because the appellant failed to provide the statutory consent and licensing documents for her preferred strata manager. The Tribunal's appointment of the only eligible manager was not unfair or inequitable.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Appeal / Leave to Appeal and Disposition
Outcome
Appeal dismissed; leave to appeal not granted.
Legal Topics
['strata Titles' 'appointment of Strata Manager' 'section 237 Strata Schemes Management Act 2015 (nsw)']
['real Property'] ['strata Titles' 'appointment of Strata Manager' 'section 237 Strata Schemes Management Act 2015 (nsw)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Leave to Appeal and Disposition

Legal Issues

  1. 1 ["Whether Tribunal member erred in appointing first respondent's proposed strata manager rather than appellant's preferred strata manager" 'Whether leave to appeal should be granted due to fairness and equity concerns']

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the appellant failed to provide the statutory consent and licensing documents for her preferred strata manager. The Tribunal's appointment of the only eligible manager was not unfair or inequitable.

Court Disposition

Appeal dismissed; leave to appeal not granted.

Orders

  • ['Leave to appeal against the Decision is not granted.' 'The Appeal is dismissed.' 'No order as to costs.']