Foo v Frew [2023] NSWCATAP 303

Foo v Frew [2023] NSWCATAP 303

Leave to appeal was refused because the primary member correctly applied the principles governing s 237 of the Strata Schemes Management Act 2015 (NSW), made a jurisdictional finding open on the evidence, and did not commit any legal or factual error justifying appellate intervention. The evidence showed a history of contention between the only two lot owners and serial non-compliance with SSMA requirements concerning meetings, accounts, record-keeping and reporting. Responsibility for particular aspects of the dysfunction did not matter; compulsory intervention was necessary to restore functionality, compliance and objectivity in owners corporation matters.

Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Internal Appeal Concerning Appointment of a Compulsory Strata Manager for a Strata Scheme / Appeal Panel Application for Leave to Appeal From an Interlocutory Decision of the Consumer and Commercial Division
Outcome
Leave to appeal refused, with the effect of dismissing the appeal; the stay application was dismissed; no order as to costs.
Legal Topics
['appointment of Compulsory Strata Manager' 'strata Scheme Dysfunction' 'two Lot Strata Scheme' 'leave to Appeal' 'discretionary Decision' 'stay Application' 'costs']
['real Property' 'strata Management' 'civil and Administrative Appeals'] ['appointment of Compulsory Strata Manager' 'strata Scheme Dysfunction' 'two Lot Strata Scheme' 'leave to Appeal' 'discretionary Decision' 'stay Application' 'costs']

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Procedural Posture

Internal Appeal Concerning Appointment of a Compulsory Strata Manager for a Strata Scheme / Appeal Panel Application for Leave to Appeal From an Interlocutory Decision of the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the primary decision appointing a compulsory strata manager under s 237 of the Strata Schemes Management Act 2015 (NSW).' 'Whether the primary member erred in law or fact in finding dysfunction and non-compliance in the strata scheme.' "Whether the Tribunal's discretion to appoint a compulsory strata manager miscarried." "Whether the appellant's adjourned application for a stay of the primary order should be dismissed."]

Ratio Decidendi

Leave to appeal was refused because the primary member correctly applied the principles governing s 237 of the Strata Schemes Management Act 2015 (NSW), made a jurisdictional finding open on the evidence, and did not commit any legal or factual error justifying appellate intervention. The evidence showed a history of contention between the only two lot owners and serial non-compliance with SSMA requirements concerning meetings, accounts, record-keeping and reporting. Responsibility for particular aspects of the dysfunction did not matter; compulsory intervention was necessary to restore functionality, compliance and objectivity in owners corporation matters.

Court Disposition

Leave to appeal refused, with the effect of dismissing the appeal; the stay application was dismissed; no order as to costs.

Orders

  • ['Leave to appeal is refused.' "Dismiss the Appellant's adjourned application for a stay of the primary order." 'Make no order as to costs.']