Rita Sahade v The Owners Strata Plan No 62022 [2014] NSWCATCD 48

Rita Sahade v The Owners Strata Plan No 62022 [2014] NSWCATCD 48

The Tribunal was satisfied that the management structure of SP 62022 was not functioning satisfactorily because the scheme had suffered long-standing disharmony, acrimony and litigation, the executive committee consisted of Mrs Celia Bischoff, decisions had been taken to incur legal costs and disbursements without...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 April 2014
Procedural Posture
Application for an Adjudicator's Order Under S 162(1)(a) of the Strata Schemes Management Act 1996 (nsw) Appointing a Strata Managing Agent / Decision of the New South Wales Civil and Administrative Tribunal After Transfer Under S 164 of the Strata Schemes Management Act 1996 (nsw)
Outcome
Application granted; the Tribunal found the Owners Corporation SP 62022 was not functioning satisfactorily and appointed Melandiro Pty Ltd t/as Irvine Strata Management as strata managing agent for two years.
Legal Topics
['appointment of Strata Managing Agent' 'owners Corporation Not Functioning Satisfactorily' 'management Structure of Strata Scheme' 'special Levies for Legal Costs']
['strata Schemes' 'administrative Law'] ['appointment of Strata Managing Agent' 'owners Corporation Not Functioning Satisfactorily' 'management Structure of Strata Scheme' 'special Levies for Legal Costs']

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Procedural Posture

Application for an Adjudicator's Order Under S 162(1)(a) of the Strata Schemes Management Act 1996 (nsw) Appointing a Strata Managing Agent / Decision of the New South Wales Civil and Administrative Tribunal After Transfer Under S 164 of the Strata Schemes Management Act 1996 (nsw)

Legal Issues

  1. 1 ['Whether the management structure of Strata Plan 62022 was not functioning or was not functioning satisfactorily within s 162(3A) of the Strata Schemes Management Act 1996 (NSW).' 'Whether an order should be made under s 162(1)(a) of the Strata Schemes Management Act 1996 (NSW) appointing a strata managing agent to exercise the functions of the Owners Corporation.' 'Which strata managing agent should be appointed and for what period.']

Ratio Decidendi

The Tribunal was satisfied that the management structure of SP 62022 was not functioning satisfactorily because the scheme had suffered long-standing disharmony, acrimony and litigation, the executive committee consisted of Mrs Celia Bischoff, decisions had been taken to incur legal costs and disbursements without the required general meeting resolution, and substantial special levies had been raised to fund litigation. The scheme required a lengthy period of stability with impartial, expert and external management, so Irvine Strata Management was appointed for two years to exercise all functions of the Owners Corporation and its officers and executive committee.

Court Disposition

Application granted; the Tribunal found the Owners Corporation SP 62022 was not functioning satisfactorily and appointed Melandiro Pty Ltd t/as Irvine Strata Management as strata managing agent for two years.

Orders

  • ['Within the terms of s 162(3A) of the Strata Schemes Management Act 1996, the Tribunal is satisfied that the Owners Corporation SP 62022 is not functioning satisfactorily.' 'Pursuant to s 162(1)(a) of the Strata Schemes Management Act 1996, Melandiro Pty Ltd t/as Irvine Strata Management of level 21, 21 Oxford...