Anderson v The Owners - Strata Plan No. 61034 [2019] NSWCATAP 61

Anderson v The Owners - Strata Plan No. 61034 [2019] NSWCATAP 61

The Appeal Panel held that the Tribunal applied the correct statutory tests, considered the relevant past and present events, and made findings that were open on the evidence. The Appellants did not show that the Tribunal's findings were so unreasonable as to constitute an error of law, against the weight of evidence so as to warrant leave, or that any failure to address submissions caused a procedural fairness denial. The matters relied on, individually and cumulatively, did not justify compulsory appointment of a strata manager.

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Internal Appeal From the Consumer and Commercial Division Concerning an Application for Compulsory Appointment of a Strata Manager Under the Strata Schemes Management Act 2015 (nsw) / Appeal Panel; Appeal Dismissed and Leave to Appeal Refused
Outcome
Appeal AP18/45142 dismissed and leave to appeal refused.
Legal Topics
['compulsory Strata Manager' 'owners Corporation Functioning Satisfactorily' 'failure to Perform Statutory Duties' 'oppression of Minority Lot Owners' 'unreasonableness and Weight of Evidence on Appeal' 'procedural Fairness']
['strata Schemes' 'administrative Law' 'civil Procedure'] ['compulsory Strata Manager' 'owners Corporation Functioning Satisfactorily' 'failure to Perform Statutory Duties' 'oppression of Minority Lot Owners' 'unreasonableness and Weight of Evidence on Appeal' 'procedural Fairness']

Case Brief

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Procedural Posture

Internal Appeal From the Consumer and Commercial Division Concerning an Application for Compulsory Appointment of a Strata Manager Under the Strata Schemes Management Act 2015 (nsw) / Appeal Panel; Appeal Dismissed and Leave to Appeal Refused

Legal Issues

  1. 1 ['Whether the Tribunal incorrectly interpreted or applied the legal tests under s.237(3)(a) and s.237(3)(c) of the Strata Schemes Management Act 2015 (NSW).' 'Whether findings that the scheme was functioning satisfactorily, that agreements were not harsh or unconscionable, and that decisions were not taken for an improper purpose were manifestly unreasonable or against the weight of evidence.' 'Whether the Tribunal failed to consider facts, submissions and matters put forward by the Appellants so as to deny procedural fairness.']

Ratio Decidendi

The Appeal Panel held that the Tribunal applied the correct statutory tests, considered the relevant past and present events, and made findings that were open on the evidence. The Appellants did not show that the Tribunal's findings were so unreasonable as to constitute an error of law, against the weight of evidence so as to warrant leave, or that any failure to address submissions caused a procedural fairness denial. The matters relied on, individually and cumulatively, did not justify compulsory appointment of a strata manager.

Court Disposition

Appeal AP18/45142 dismissed and leave to appeal refused.

Orders

  • ['Appeal AP18/45142 is dismissed and leave to appeal is refused.' 'If either party seeks a costs order the applicant for costs must file and serve any costs application, including submissions and any evidence in support, within 7 days of the date of these orders.' 'The respondent to the costs application is to file...