McGrath v The Owners – Strata Plan No. 13631 [2022] NSWCATCD 60

McGrath v The Owners – Strata Plan No. 13631 [2022] NSWCATCD 60

Although the Respondent's admitted failure to comply with the orders in SC19/21795 within time established a jurisdictional circumstance under s 237(3)(b), the Tribunal was not satisfied that the discretionary power to appoint a compulsory strata managing agent should be exercised. The proven matters, including delayed compliance, disharmony among lot owners and delay in window cleaning, did not demonstrate that the owners corporation was incapable of performing its responsibilities, dysfunctional, negligent, or that its management should be displaced. Other allegations concerning legal services, levies, finances, mould, lift issues, nesting birds and water ingress were not made out to...

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Application Under S 237 of the Strata Schemes Management Act 2015 for Compulsory Appointment of a Strata Managing Agent / Principal Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['compulsory Appointment of Strata Managing Agent' 'owners Corporation Management' 'strata Scheme Duties' 'common Property Maintenance' 'legal Services Approval' 'tribunal Discretion']
['land Law' 'strata Title'] ['compulsory Appointment of Strata Managing Agent' 'owners Corporation Management' 'strata Scheme Duties' 'common Property Maintenance' 'legal Services Approval' 'tribunal Discretion']

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

Application Under S 237 of the Strata Schemes Management Act 2015 for Compulsory Appointment of a Strata Managing Agent / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether one or more circumstances in s 237(3) of the Strata Schemes Management Act 2015 were established so as to give the Tribunal jurisdiction to appoint a strata managing agent.' "Whether the owners corporation's management was not functioning or was not functioning satisfactorily." 'Whether the owners corporation failed to comply with a requirement imposed by an order made under the Strata Schemes Management Act 2015.' 'Whether the owners corporation failed to perform one or more of its duties, including duties concerning common property maintenance.' 'Whether the Tribunal should exercise its discretion to appoint a compulsory strata managing agent under s 237(1) or s 237(2).']

Ratio Decidendi

Although the Respondent's admitted failure to comply with the orders in SC19/21795 within time established a jurisdictional circumstance under s 237(3)(b), the Tribunal was not satisfied that the discretionary power to appoint a compulsory strata managing agent should be exercised. The proven matters, including delayed compliance, disharmony among lot owners and delay in window cleaning, did not demonstrate that the owners corporation was incapable of performing its responsibilities, dysfunctional, negligent, or that its management should be displaced. Other allegations concerning legal services, levies, finances, mould, lift issues, nesting birds and water ingress were not made out to...

Court Disposition

Application dismissed.

Orders

  • ['The application for the appointment of a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 is dismissed.' 'Any application for costs by the Respondent under s 60 of the Civil and Administrative Tribunal Act 2013 is to be made in the following manner:' 'The respondent is to file and...