Sunaust Properties Pty Ltd t/as Central Sydney Realty v The Owners – Strata Plan No 64807

[2023] NSWCA 188

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Tribunals
3. › NCAT
4. › Power to reopen decision
5. › Slip rule
6. › Whether s 63 of Civil and Administrative Tribunal Act 2013 (NSW) permits reopening to address substantive issues not previously addressed
7. › Whether general procedural power under s 38 read with guiding principle in s 36 authorises reopening
8. › Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 63
1. Land Law
2. › Strata title
3. › Caretaker agreements
4. › Building manager agreements
5. › Power to terminate
6. › Whether Tribunal has jurisdiction under s 72 of Strata Schemes Management Act 2015 (NSW) to terminate caretaker agreement entered into before commencement of 2015 Act
7. › Whether general savings provision in Sch 3, cl 3 picks up pre-existing caretaker agreements where caretaker entitled to exclusive possession of lot
8. › Whether cl 15 of Sch 3 by implication excludes such agreements
9. › Strata Schemes Management Act 2015 (NSW), ss 66, 67, 68, 72, Sch 3, cll 3, 15
1. Statutory Interpretation
2. › Transitional provisions
3. › General savings provisions
4. › Whether specific transitional provision dealing with one class of agreements by implication excludes other agreements from general savings provision
5. › Purposive construction
6. › Strata Schemes Management Act 2015 (NSW), Sch 3, cll 3, 15
7. › Interpretation Act 1987 (NSW), ss 30, 33

Quick Take

The Tribunal has jurisdiction under s 72 of the 2015 Act to terminate pre-existing caretaker agreements with owners corporations, including those where the caretaker has exclusive possession of a lot, and the reasoning in ACPM to the contrary should not be relied upon.