6E COWPER WHARF ROADWAY WOOLLOOMOOLOO

APPEAL – Application for a Stay of order requiring Owners Corporation to consent to development application

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

LAND LAW – strata title – leasehold development scheme under Strata Schemes Development Act 2015 – building subdivision includes part strata parcels – building management committee appoints managing agent – building’s strata management statement and constituent strata scheme by-laws require constituent owners’ corporations to “appoint and retain” building managing agent as strata managing agent for constituent strata schemes – validity – uncertainty – ultra vires – inconsistency with Strata Schemes Management Act 2015