LAND LAW – Strata titles – application for the appointment of a compulsory strata manager under s 237 of the Strata Titles Management Act 2015 (NSW) (SMA) – alleged failure by the owners corporation to comply with consent orders made in earlier proceedings in respect of rectification work to be done for the benefit of a lot owner, including to raise special levies – alleged breach by the owners corporation of s 106 of the SMA – costs order made against the lot owner in dismissing his proceedings against the owners corporation on the basis he was the unsuccessful party.
APPEAL – alleged errors of law, principally, by the Tribunal failing to respond to substantial and significant submissions and supporting evidence – whether Rule 38 of the Civil and Administrative Rules 2014 (NSW) was applicable to the proceedings at first instance and, hence, on appeal by reason of Rule 38A.

Marinko v The Owners – Strata Plan No 7596 [2022] NSWCATAP 187 (7 June 2022)