Travis v The Owners - Strata Plan No 48216

Overview

1. In these proceedings the applicant, Stephen Travis, who is the principal of a lot owner, seeks relief under the Strata Schemes Management Act 2015 (NSW) (SSM Act) against the respondent, The Owners - Strata Plan No 48216, which is the owners corporation responsible for the administration of strata scheme 48216.
2. The applicant filed a strata and community schemes application on 25 August 2022 and seeks an interim order set out in section 4A of the application: "That for the Extraordinary General Meeting (EGM) to be held on 07-Sep-2022 for the purposes of The Owners Strata Plan 48216 to resolve matters pertaining to the good management of the scheme: 1) The currently contracted strata managing agent for the scheme - Strata HQ - and its director Mr Daniel Dekell be appointed and remain for the full duration of the meeting (including adjournments if any), both the Chairmanship and Secretary of the Owners Corporation (OC); 2) The holding of the position of Chairmanship and Secretary of the OC by the strata managing agent extend for the duration and purposes of this meeting only - for the purposes of this application only; 3) The holding of the positions retains all administrative responsibilities - as designated to the Chairman and Secretary in all relevant sections of the Strata Schemes Management Act - pertaining to aspects of the EGM, specifically but not limited to the issuing of the agenda, notifications, holding of the meeting (by whatever practical means), declaration of voting results, compilation and issuing of minutes, all adjournments, and any other relevant matters."
3. On 29 August 2022, the Tribunal made procedural directions in connection with the interim application including for the provision of evidence by the applicant and the respondent.
4. On 29 August 2022, the Registrar fixed the matter for hearing and gave notice to the parties of a virtual hearing for today.
5. Mr Travis appears for himself and there is no representation for the respondent.
6. At the hearing Mr Travis relied upon the following evidence: 1. the affidavit of Daniel Dekell sworn on 31 August 2022 (which has been marked as exhibit A1); 2. the statement of himself dated 25 August 2022 (which has been marked as exhibit A2); 3. a bundle of documents marked as appendices 1 to 10 inclusive (which has been marked as exhibit A3); 4. an email of 29 August 2022 to lot owners by the applicant (which has been marked as exhibit A4); 5. an email sent by the applicant to the lot owners on 31 August 2022 (which has been marked as exhibit A5).