The Bunker Pty Ltd v The Owners – Strata Plan No. 63731 [2021] NSWCATCD 66

The Bunker Pty Ltd v The Owners – Strata Plan No. 63731 [2021] NSWCATCD 66

The Tribunal was satisfied that the strata committee used its powers for an improper purpose and that the management of the strata scheme was not functioning satisfactorily in relation to the Bunker and Lots 148 and 167. The findings included deliberate denial of access, instructions to deny access, undue delay in fire safety works and sewage tank repairs, delays in access keys and a letterbox, clear antipathy by strata committee members towards the Bunker's use of its lots, and prompt resolution only after Tribunal proceedings were commenced. The Tribunal was also satisfied that the Owners Corporation, by its strata committee, failed to perform its section 106 duty in relation to fire...

Jurisdiction
Australia
Judgment Date
24 February 2021
Procedural Posture
Application Under the Strata Schemes Management Act 2015 (nsw) for Appointment of a Strata Managing Agent / Principal Judgment; Final Orders
Outcome
Application granted in part; compulsory strata managing agent appointed on a limited basis for two years, with directions for notification and costs submissions.
Legal Topics
['appointment of Compulsory Strata Managing Agent' 'management of Strata Scheme Not Functioning Satisfactorily' 'strata Committee Functions' 'duties to Repair and Maintain Common Property' 'access to Strata Lots' 'security Keys' 'fire Safety Works' 'sewage Tank Works']
['land Law' 'strata Title'] ['appointment of Compulsory Strata Managing Agent' 'management of Strata Scheme Not Functioning Satisfactorily' 'strata Committee Functions' 'duties to Repair and Maintain Common Property' 'access to Strata Lots' 'security Keys' 'fire Safety Works' 'sewage Tank Works']

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Procedural Posture

Application Under the Strata Schemes Management Act 2015 (nsw) for Appointment of a Strata Managing Agent / Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the management of the strata scheme was not functioning or not functioning satisfactorily within section 237(3)(a) of the Strata Schemes Management Act 2015 (NSW).' 'Whether the Owners Corporation, by its strata committee, failed to perform its duty under section 106 of the Strata Schemes Management Act 2015 (NSW).' 'Whether the strata committee used its powers for an improper purpose in relation to matters affecting Lots 148 and 167 and the Bunker.' 'Whether a limited appointment of a compulsory strata managing agent should be made to exercise functions of the chairperson, secretary, treasurer and strata committee in relation to Lots 148 and 167 and related persons.']

Ratio Decidendi

The Tribunal was satisfied that the strata committee used its powers for an improper purpose and that the management of the strata scheme was not functioning satisfactorily in relation to the Bunker and Lots 148 and 167. The findings included deliberate denial of access, instructions to deny access, undue delay in fire safety works and sewage tank repairs, delays in access keys and a letterbox, clear antipathy by strata committee members towards the Bunker's use of its lots, and prompt resolution only after Tribunal proceedings were commenced. The Tribunal was also satisfied that the Owners Corporation, by its strata committee, failed to perform its section 106 duty in relation to fire...

Court Disposition

Application granted in part; compulsory strata managing agent appointed on a limited basis for two years, with directions for notification and costs submissions.

Orders

  • ['An order under section 237(2)(b) of the Strata Schemes Management Act 2015 appointing Wellman Strata Management Pty Ltd as strata managing agent, for a period of 2 years from the date of this order, to exercise all the functions of the chairperson, secretary, treasurer and strata committee of the Owners...