Newland v The Owners - Strata Plan No. 576 [2021] NSWCATCD 86

Newland v The Owners - Strata Plan No. 576 [2021] NSWCATCD 86

There was an obvious error in the Tribunal's original orders by omitting to confer the powers of the owners corporation upon the compulsory strata manager as sought by the parties and consistent with the reasons. This justified correction under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
First Applicant: Jan Newland; Second Applicant: LD Beston (Aust) Pty Ltd; Third Applicant: Richard Dalimore; Respondent: The Owners – Strata Plan No. 576; Joined Party: Dee Mahon; Joined Party: Natalie Helm; Joined Party: Deborah Bassett; Joined Party: Yucon Zhang; Joined Party: Xian Zhang; Joined Party: Descol Pty Ltd; Joined Party: Benoit de Tarle
Jurisdiction
Australia
Judgment Date
15 February 2021
Procedural Posture
Application for Correction of Tribunal Order (procedure—strata Management) / Correction of Earlier Orders (pursuant to S 63 Civil and Administrative Tribunal Act 2013 (nsw))
Outcome
Orders of 4 January 2019 corrected to confer all powers of owners corporation on compulsory strata managing agent Vital Strata Management Pty Ltd, for two years from 4 January 2019, as per agreement dated 8 November 2018. Hearing was dispensed with.
Legal Topics
Correction of Tribunal Orders, Power to Appoint Compulsory Strata Manager
Strata Law Civil Procedure Correction of Tribunal Orders Power to Appoint Compulsory Strata Manager

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Parties

Jan Newland

First Applicant

LD Beston (Aust) Pty Ltd

Second Applicant

Richard Dalimore

Third Applicant

The Owners – Strata Plan No. 576

Respondent

Dee Mahon

Joined Party

Natalie Helm

Joined Party

Deborah Bassett

Joined Party

Yucon Zhang

Joined Party

Xian Zhang

Joined Party

Descol Pty Ltd

Joined Party

Benoit de Tarle

Joined Party

Procedural Posture

Application for Correction of Tribunal Order (procedure—strata Management) / Correction of Earlier Orders (pursuant to S 63 Civil and Administrative Tribunal Act 2013 (nsw))

Legal Issues

  1. 1 Should the original orders be corrected under s 63 Civil and Administrative Tribunal Act 2013 (NSW)?
  2. 2 Should a hearing be dispensed with under s 50(2) NCAT Act?

Ratio Decidendi

There was an obvious error in the Tribunal's original orders by omitting to confer the powers of the owners corporation upon the compulsory strata manager as sought by the parties and consistent with the reasons. This justified correction under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Orders of 4 January 2019 corrected to confer all powers of owners corporation on compulsory strata managing agent Vital Strata Management Pty Ltd, for two years from 4 January 2019, as per agreement dated 8 November 2018. Hearing was dispensed with.

Orders

  • The Registrar is directed to alter the text of the orders made on 4 January 2019 to read as follows: (1) An order is made appointing Vital Strata Management Pty Ltd as compulsory strata managing agent for The Owners-Strata Plan 576 on the terms and conditions as set out in the Strata Management Agency Agreement...