Kuzmanovic v The Owners – Strata Plan No. 43576 & Peacock [2022] NSWCATCD 185

Kuzmanovic v The Owners – Strata Plan No. 43576 & Peacock [2022] NSWCATCD 185

The Tribunal was satisfied under s 237(3) that the management of the strata scheme would not function satisfactorily or at all if returned to self-management, given the two-owner structure, acrimonious relationship, ongoing fire safety and structural issues, and findings that Mr Tamsett had unreasonably interfered with and hindered works required to comply with the amended fire safety order. Premium Strata Pty Ltd was appointed because the evidence of the current strata manager supported its suitability for the complex scheme. A 12-month appointment, rather than two years, was sufficient on the evidence. Specific directions to the appointed agent were unnecessary because the agent would...

Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Strata Schemes Applications in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Final Decision After Hearing
Outcome
Premium Strata Pty Ltd appointed as compulsory strata managing agent for 12 months; interim appointment of Strata Central Pty Ltd ceased; applications otherwise dismissed, including Ms Kuzmanovic's damages claim.
Legal Topics
['appointment of Compulsory Strata Managing Agent' 'maintenance and Repair of Common Property' 'fire Safety Order Compliance' 'breach of Statutory Duty' 'rental Loss Claim']
['strata Titles Law' 'administrative Law' 'damages'] ['appointment of Compulsory Strata Managing Agent' 'maintenance and Repair of Common Property' 'fire Safety Order Compliance' 'breach of Statutory Duty' 'rental Loss Claim']

Case Brief

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Procedural Posture

Strata Schemes Applications in the Consumer and Commercial Division of the Civil and Administrative Tribunal of New South Wales / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the circumstances in s 237(3) of the Strata Schemes Management Act 2015 (NSW) were established so as to enliven the discretion to appoint a compulsory strata managing agent.' 'Which proposed entity should be appointed as compulsory strata managing agent.' 'What period of appointment should be ordered for the compulsory strata managing agent.' 'Whether orders should be made requiring the compulsory strata managing agent to take specified action in relation to common property, fire safety compliance or any development control order.' 'Whether Ms Kuzmanovic established an entitlement to damages for alleged rental loss under s 106(5) of the Strata Schemes Management Act 2015 (NSW).']

Ratio Decidendi

The Tribunal was satisfied under s 237(3) that the management of the strata scheme would not function satisfactorily or at all if returned to self-management, given the two-owner structure, acrimonious relationship, ongoing fire safety and structural issues, and findings that Mr Tamsett had unreasonably interfered with and hindered works required to comply with the amended fire safety order. Premium Strata Pty Ltd was appointed because the evidence of the current strata manager supported its suitability for the complex scheme. A 12-month appointment, rather than two years, was sufficient on the evidence. Specific directions to the appointed agent were unnecessary because the agent would...

Court Disposition

Premium Strata Pty Ltd appointed as compulsory strata managing agent for 12 months; interim appointment of Strata Central Pty Ltd ceased; applications otherwise dismissed, including Ms Kuzmanovic's damages claim.

Orders

  • ['Pursuant to s 237 of the Strata Schemes Management Act 2015 (NSW), Premium Strata Pty Ltd is appointed the strata managing agent to exercise all the functions of the owners corporation of Strata Plan No 43576 for a period of 12 months from the date of these orders.' 'Premium Strata Pty Ltd has and may exercise all...