The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9

The Owners – Strata Plan 2010 v Kahn [2022] NSWCATAP 9

The appeal was dismissed because it was not validly instituted: the appointed strata managing agent with plenary powers had not authorised or ratified the appeal in the name of the Owners Corporation, the lot owners were not parties to the first instance proceedings and therefore had no standing under s 80(1) of the Civil and Administrative Tribunal Act 2013 (NSW), and the Appeal Panel had no power or basis to regularise the invalid appeal by joinder, orders under s 43(3), or procedural powers under s 38.

Jurisdiction
Australia
Judgment Date
13 January 2022
Procedural Posture
Internal Appeal From a Decision of the Consumer and Commercial Division Appointing a Strata Managing Agent With Plenary Powers Under the Strata Schemes Management Act 2015 (nsw) / Appeal Panel Determination of Standing and Validity of Appeal
Outcome
The appeal is dismissed.
Legal Topics
['internal Appeals' 'standing' 'compulsory Appointment of Strata Managing Agent' 'plenary Powers of Strata Managing Agent' 'owners Corporation Authority' 'joinder']
['administrative Law' 'land Law' 'strata Title'] ['internal Appeals' 'standing' 'compulsory Appointment of Strata Managing Agent' 'plenary Powers of Strata Managing Agent' 'owners Corporation Authority' 'joinder']

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Procedural Posture

Internal Appeal From a Decision of the Consumer and Commercial Division Appointing a Strata Managing Agent With Plenary Powers Under the Strata Schemes Management Act 2015 (nsw) / Appeal Panel Determination of Standing and Validity of Appeal

Legal Issues

  1. 1 ['Whether the appeal was validly instituted in the name of the Owners Corporation without authority or ratification from the strata managing agent appointed with plenary powers.' 'Whether lot owners who were not parties to the proceedings at first instance had standing to bring or continue an internal appeal.' 'Whether the Appeal Panel could regularise the appeal by joining the lot owners to the first instance proceedings, varying or staying the appointment order, or relying on procedural powers under the Civil and Administrative Tribunal Act 2013 (NSW).']

Ratio Decidendi

The appeal was dismissed because it was not validly instituted: the appointed strata managing agent with plenary powers had not authorised or ratified the appeal in the name of the Owners Corporation, the lot owners were not parties to the first instance proceedings and therefore had no standing under s 80(1) of the Civil and Administrative Tribunal Act 2013 (NSW), and the Appeal Panel had no power or basis to regularise the invalid appeal by joinder, orders under s 43(3), or procedural powers under s 38.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']