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Posted 08 February 2023
Category: Strata, NCAT and Court Proceedings
The Appeal Panel in the matter of The Owners – Strata Plan 2010 v Kahn  NSWCATAP 9 considered an appeal regarding an order made an order to appoint a strata managing agent to exercise the functions of the owners corporation. The effect of this appointment is that neither the previous members of the owners corporation, nor individual lot owners in the strata scheme can purport to represent the owners corporation of make decisions for it.
Under section 80 of the Civil and Administrative Tribunal Act 2013 (NSW), internal appeals from Tribunal’s decisions may only be made “by a party to the proceedings in which the decision is made”. Thus, lot owners are unable to lodge an appeal against the decision to appoint a strata managing agent if they have not been joined as a party to the original proceedings
The Appeal Panel in The Owners – Strata Plan 2010 v Kahn  NSWCATAP 9 explained the four courses of action that lot owners may take after the appointment of a managing agent in the following list;
The lot owners in The Owners – Strata Plan 2010 v Kahn  NSWCATAP 9 attempted to appeal against the decision to appoint a managing agent for the scheme, but as they had not been joined as parties to the original proceedings, the appeal had been irregularly commenced and was subsequently dismissed. The Appeal Panel held that they lacked the authority to make an order for joinder affecting the original proceedings. The Tribunal further refused to accept other arguments from the lot owners under sections 43, 38 and 36 of the Civil and Administrative Tribunal Act 2013 (NSW) or 237 of the Strata Schemes Management Act 2015 (NSW), as there was an avenue to seek relief in the Supreme Court.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.