#19847
scotlandx
Strataguru

    I think SMO meant s 162(3) which provides that an order to appoint a managing agent can be made notwithstanding that no application for such appointment has been made, but only if the adjudicator is satisfied the scheme isn’t functioning or not functioning satisfactorily.

    That is pretty self-explanatory, an application may be made in relation to something else, and on the basis of the facts presented the adjudicator may reach the conclusion that the scheme isn’t functioning/functioning satisfactorily, and determine a manager should be appointed.