Profitability Consulting Pty Ltd v High Country Group (Australia) Pty Ltd [2023] NSWCATAP 4

Profitability Consulting Pty Ltd v High Country Group (Australia) Pty Ltd [2023] NSWCATAP 4

The application for a stay is dismissed because the appellant failed to demonstrate sufficient prejudice or grounds for the balance of convenience to favour a stay; the CSM's functions are critical, no evidence of immediate irreparable harm, and prior dysfunction warrants ongoing management pending appeal.

Parties
Appellant: Profitability Consulting Pty Ltd; First Respondent: High Country Group (Australia) Pty Ltd; Second Respondent: The Owners – Strata Plan No 18797
Jurisdiction
Australia
Judgment Date
05 January 2023
Procedural Posture
Appeal / Ruling on Application for Stay Pending Appeal
Outcome
Application for stay dismissed
Legal Topics
Compulsory Appointment of Strata Manager, Standing to Appeal, Stay Pending Appeal, Procedural Fairness
Strata Law Civil Procedure Compulsory Appointment of Strata Manager Standing to Appeal Stay Pending Appeal Procedural Fairness

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Parties

Profitability Consulting Pty Ltd

Appellant

High Country Group (Australia) Pty Ltd

First Respondent

The Owners – Strata Plan No 18797

Second Respondent

Procedural Posture

Appeal / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether appellants have standing to appeal if not parties at first instance
  2. 2 Whether a stay of the compulsory appointment of a strata manager should be granted pending appeal
  3. 3 Appropriate exercise of Tribunal's discretion to stay orders

Ratio Decidendi

The application for a stay is dismissed because the appellant failed to demonstrate sufficient prejudice or grounds for the balance of convenience to favour a stay; the CSM's functions are critical, no evidence of immediate irreparable harm, and prior dysfunction warrants ongoing management pending appeal.

Court Disposition

Application for stay dismissed

Orders

  • The application for a stay is dismissed.
  • Any party seeking costs must lodge an Application for Miscellaneous Matters with supporting evidence and submissions within 14 days.