Larsen v The Owners - Strata Plan No. 3573 [2022] NSWCATCD 43

Larsen v The Owners - Strata Plan No. 3573 [2022] NSWCATCD 43

Although the Applicants had standing as lot owners, the Tribunal was not satisfied on the balance of probabilities that the Owners Corporation or strata committee was not functioning or not functioning satisfactorily, or that any other circumstance in section 237(3) was relevantly established. The evidence showed conflict and dissatisfaction with the secretary and some decisions, but not dysfunction justifying the serious step of removing democratic control by appointing a compulsory strata manager, particularly where an annual general meeting was shortly due and other lot owners could exercise their rights under the SSMA.

Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Application for Appointment of a Compulsory Strata Manager Under Section 237 of the Strata Schemes Management Act 2015 (nsw) / Final Determination After Hearings on 18 November 2021 and 28 January 2022
Outcome
Application dismissed.
Legal Topics
['appointment of Compulsory Strata Manager' 'whether Owners Corporation Functioning Satisfactorily' 'strata Scheme Management']
['land Law' 'strata Title'] ['appointment of Compulsory Strata Manager' 'whether Owners Corporation Functioning Satisfactorily' 'strata Scheme Management']

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Procedural Posture

Application for Appointment of a Compulsory Strata Manager Under Section 237 of the Strata Schemes Management Act 2015 (nsw) / Final Determination After Hearings on 18 November 2021 and 28 January 2022

Legal Issues

  1. 1 ['Whether the Applicants had standing as interested persons to seek appointment of a compulsory strata manager.' 'Whether the management of the strata scheme was not functioning or not functioning satisfactorily within section 237(3) of the Strata Schemes Management Act 2015 (NSW).' 'Whether the Tribunal should exercise its discretion to appoint a compulsory strata manager.']

Ratio Decidendi

Although the Applicants had standing as lot owners, the Tribunal was not satisfied on the balance of probabilities that the Owners Corporation or strata committee was not functioning or not functioning satisfactorily, or that any other circumstance in section 237(3) was relevantly established. The evidence showed conflict and dissatisfaction with the secretary and some decisions, but not dysfunction justifying the serious step of removing democratic control by appointing a compulsory strata manager, particularly where an annual general meeting was shortly due and other lot owners could exercise their rights under the SSMA.

Court Disposition

Application dismissed.

Orders

  • ['The application for the appointment of a compulsory strata manager under section 237 of the Strata Schemes Management Act 2015 is dismissed.']