Hannan v The Owners - Strata Plan No. 20680 [2022] NSWCATCD 15

Hannan v The Owners - Strata Plan No. 20680 [2022] NSWCATCD 15

The Tribunal found that the Owners Corporation had not functioned satisfactorily, with failures in management, decision-making without proper authority or resolution, breach of statutory duties to repair common property, noncompliance with statutory requirements on legal spending and transparency, and ongoing disharmony and disregard for process. These collectively justified the compulsory appointment of a strata managing agent for all functions for 24 months under section 237 of the Strata Schemes Management Act 2015 (NSW).

Jurisdiction
Australia
Judgment Date
31 January 2022
Procedural Posture
Tribunal Hearing / Final Decision
Outcome
Application granted in part; compulsory appointment of strata manager ordered.
Legal Topics
['compulsory Appointment of Strata Manager' 'statutory Duties of Owners Corporations' 'common Property Repairs']
['strata Law' 'property Law'] ['compulsory Appointment of Strata Manager' 'statutory Duties of Owners Corporations' 'common Property Repairs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Tribunal Hearing / Final Decision

Legal Issues

  1. 1 ['Whether the Owners Corporation has failed to properly repair and maintain common property in breach of statutory duty under section 106 of the Strata Schemes Management Act 2015 (NSW)' 'Whether the Owners Corporation is not functioning satisfactorily justifying the compulsory appointment of a strata managing agent under section 237 of the Strata Schemes Management Act 2015 (NSW)']

Ratio Decidendi

The Tribunal found that the Owners Corporation had not functioned satisfactorily, with failures in management, decision-making without proper authority or resolution, breach of statutory duties to repair common property, noncompliance with statutory requirements on legal spending and transparency, and ongoing disharmony and disregard for process. These collectively justified the compulsory appointment of a strata managing agent for all functions for 24 months under section 237 of the Strata Schemes Management Act 2015 (NSW).

Court Disposition

Application granted in part; compulsory appointment of strata manager ordered.

Orders

  • ['Strata Central Pty Ltd is appointed as strata managing agent for the Owners – Strata Plan 20680.' 'Strata Central is to exercise all functions of the Owners Corporation for 24 months from date of orders, on the terms and conditions set out in the referenced agency agreement.' 'Strata Central has and may exercise...