Ma v The Owners - Strata Plan No 65870 [2023] NSWCATCD 140

Ma v The Owners - Strata Plan No 65870 [2023] NSWCATCD 140

The tribunal found that the management of Strata Plan No 65870 was not functioning satisfactorily within s 237(3)(a) due to breakdown in relationships and absence of trust among owners, justifying the appointment of a compulsory managing agent. The tribunal determined that, while both candidates were put forward, doubts about the competence of PSMG based on previous tribunal findings and unchallenged evidence led to Netstrata's appointment for 12 months. Cost differences could not be ascertained, and the existing manager's continuation was not a determinative factor.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Application for Compulsory Strata Manager Under Strata Legislation / Post Hearing, Decision and Orders
Outcome
Application granted in part: Netstrata appointed as strata managing agent for 12 months; no order as to costs; procedures for cost applications specified.
Legal Topics
['strata Schemes' 'appointment of Compulsory Strata Manager' 'ncat Jurisdiction' 'orders Under Strata Schemes Management Act 2015 (nsw)']
['land Law'] ['strata Schemes' 'appointment of Compulsory Strata Manager' 'ncat Jurisdiction' 'orders Under Strata Schemes Management Act 2015 (nsw)']

Case Brief

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Procedural Posture

Application for Compulsory Strata Manager Under Strata Legislation / Post Hearing, Decision and Orders

Legal Issues

  1. 1 ['Whether Tribunal has jurisdiction to appoint a strata managing agent under s 237 of the SSM Act' 'Whether a compulsory strata manager should be appointed for The Owners - Strata Plan No 65870, and for what period' 'Which of the proposed strata managing agents (PSMG or Netstrata) should be appointed' 'Costs of the proceedings']

Ratio Decidendi

The tribunal found that the management of Strata Plan No 65870 was not functioning satisfactorily within s 237(3)(a) due to breakdown in relationships and absence of trust among owners, justifying the appointment of a compulsory managing agent. The tribunal determined that, while both candidates were put forward, doubts about the competence of PSMG based on previous tribunal findings and unchallenged evidence led to Netstrata's appointment for 12 months. Cost differences could not be ascertained, and the existing manager's continuation was not a determinative factor.

Court Disposition

Application granted in part: Netstrata appointed as strata managing agent for 12 months; no order as to costs; procedures for cost applications specified.

Orders

  • ['Network Strata Services Pty Ltd appointed as strata managing agent to exercise all functions of The Owners - Strata Plan No 65870 on the terms of the managing agency agreement (exhibit R12) for 12 months.' 'No order as to the costs of the proceedings.' 'Any party seeking to vary the costs order to file and serve...