Recent Cases

Walker Corporation Pty Ltd v The Owners Strata Plan No 61618 [2023] NSWCA 125 (05 June 2023) (Leeming, Mitchelmore and Kirk JJA)


Catchwords:


LAND LAW — Strata title — Strata managing agent

– where three owner corporations of Finger Wharf development at Woolloomooloo passed resolutions terminating appointment of strata managing agent and appointing new one – where strata managing agent is different to managing agent appointed for Wharf as a whole by building management committee as a result – where clause of strata management statement (“SMS”) required owners’ corporations to “appoint and retain” the same strata managing agent as the building management committee appoints as strata manager for Wharf as a whole – whether clause of SMS inconsistent with Strata Schemes Management Act 2015 (NSW), not authorised by Strata Schemes Development Act 2015 (NSW) or uncertain