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Can someone please refer me to any NCAT case examples, either successful or not, of removal of a Strata Committee member under section 238 of the Act for misconduct and failure to exercise proper due diligence?
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It seems that all cases in Austlii from the basic level of NCAT have been removed from the internet. Strange!
However, there are a couple of appeals against decisions, all of which originally resulted in the complaints against committee members being refused.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2019/304.htm
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2018/136.html
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2020/151.html
It’s worth noting again that in all the cases I could find, they were appeals related to some aspect of a case in which an application to remove some or all members of a committee had failed.
There were no appeals listed where committee members were appealing against their removal.
Make of that what you will.
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Hi StrataOwner,
I see you are very new to Flat-Chat and this is your first post, so welcome!
My first question is, why would you be interested in unsuccessful attempts? that may well take you down a rabbit warren and just waste your time. My suggestion would be focus on successful attempts and what was required to do so.
Per Jimmy-T’s response, its something that happens very rarely, at least completely.
Can you share more information about what you believe has occurred? I’d think the community on here would be able to provide more specific advice or creative suggestions to help you, if we had more context on the type of challenges you are facing.
look forward to hearing from you.
Cheers