First comment I would make is that I do not believe the agent can place motions on the agenda. In The Owners Strata Plan no 63731 v The Bunker Pty Ltd [2021] NSWCATAP 119 the Deputy Presidents concludes that if the agent did do so and it passed then that is OK so it appears pulling the motion up before it goes that far is key. The Act is clear at Sch 1 cl 4 on who can submit a motion and the ‘no legal character’ SC doesn’t meet the criteria and the agent doesn’t as well unless the agent is an owner or entitled to vote.
Amanda Farmer, who the Flatchat Keymaster appears with sometimes, does a pod cast on this topic and concludes neither the agent or SC should be including motions.
It is a well known legal principle that when creating a class of “who can” it is often to the exclusion of all other classes; “expressio unius est exclusio alterius”.
I think Bunker is a poor decision as there is no authority in the Act for an SC or agent to include a motion regardless of it it carries names and an explanation.
The wording of the appointment motion is like a lot of agreements where the agent is delegated the functions of the three office bearers and the strata committee. You motion is worded a little different but has the same effect.
If you have a hands on SC then you probably do not want to hand over the functions of the SC. If your agent like to take charge then you probably do not want to hand over the functions of the SC.
Does you agent understand he is the delegate and that the elected SC members and SC still hold power and that his delegations are not approval to run the show?
This appointment motion can wait for the 2024 AGM even if the agreement ends before then as the SC can authorise extensions of the current agreement up to the next AGM if an agreement runs out mid year.
The explanatory note is a little thin on explanation.
Perhaps an interim order, a very good suggestion, should be to restrain the OC from relying on the outcome of the appointment motion until after the substantive application is resolve and that should a s 237 appointment be made then any resolution of the appointment motion is to be of no effect.
No need to bring the whole AGM down.