Smith v The Owners SP 32563; O’Shea & Hamilton v The Owners SP 32563; Smith v The Owners SP 32563 [2018] NSWCATCD 38

Smith v The Owners SP 32563; O’Shea & Hamilton v The Owners SP 32563; Smith v The Owners SP 32563 [2018] NSWCATCD 38

The Tribunal was satisfied, based on the parties' admissions and the evidence of disagreements about management, that the management of the strata scheme was not functioning for the purposes of the Strata Schemes Management Act 2015 NSW, giving jurisdiction under s 237 to appoint a compulsory strata managing agent. Spencer Ware Group Pty Ltd was preferred because its location at Kogarah was advantageous for servicing the South Hurstville scheme, particularly given water issues and remedial works, and because it had been interviewed by and was supported by two of the three lot owners. The competing managers' fees were similar, the difference in experience was not significant enough to...

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Applications for Appointment of a Compulsory Strata Managing Agent / Final Determination of Two Substantive Applications; Interim Application Dismissed
Outcome
Spencer Ware Group Pty Ltd appointed as strata managing agent for The Owners-Strata Plan No 32563 for twelve months; interim application SC 18/32099 dismissed.
Legal Topics
['compulsory Manager' 'strata Managing Agent' 'owners Corporation Management Not Functioning' 'strata Schemes Management Act 2015 S 237']
['strata Schemes' 'administrative Law'] ['compulsory Manager' 'strata Managing Agent' 'owners Corporation Management Not Functioning' 'strata Schemes Management Act 2015 S 237']

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Procedural Posture

Applications for Appointment of a Compulsory Strata Managing Agent / Final Determination of Two Substantive Applications; Interim Application Dismissed

Legal Issues

  1. 1 ['Whether the management of the strata scheme was not functioning for the purposes of the Strata Schemes Management Act 2015 NSW so as to enliven jurisdiction under s 237.' 'Which of the two proposed strata managing agents, Proactive Strata Services Pty Ltd or Spencer Ware Group Pty Ltd, should be appointed as compulsory manager.' 'Whether the interim application should be dismissed following final determination of the substantive applications.']

Ratio Decidendi

The Tribunal was satisfied, based on the parties' admissions and the evidence of disagreements about management, that the management of the strata scheme was not functioning for the purposes of the Strata Schemes Management Act 2015 NSW, giving jurisdiction under s 237 to appoint a compulsory strata managing agent. Spencer Ware Group Pty Ltd was preferred because its location at Kogarah was advantageous for servicing the South Hurstville scheme, particularly given water issues and remedial works, and because it had been interviewed by and was supported by two of the three lot owners. The competing managers' fees were similar, the difference in experience was not significant enough to...

Court Disposition

Spencer Ware Group Pty Ltd appointed as strata managing agent for The Owners-Strata Plan No 32563 for twelve months; interim application SC 18/32099 dismissed.

Orders

  • ['An order is made pursuant to the provisions of the Strata Schemes Management Act 2015 s 237 appointing Spencer Ware Group Pty Ltd of P.O. Box XXX, Kogarah 2217 as strata managing agent for The Owners-Strata Plan No 32563. The appointment shall be on the terms and conditions as set out in the Strata Management...