Building Manager Appointment Concern

Hi All, this is my first post since I have just begun going down the rabbit hole of our strata scheme and committee following months of hearing rumours around concerns in terms of the committee’s processes and many conflicts of interests which I won’t go into to begin with (but which are unfortunately being largely substantiated by the evidence I’ve been gathering).

My question for this excellent forum is focused on the validity of a building manager’s agreement currently in force, and I’m seeking any commentary on the strength of a case that the agreement is invalid if I brought to mediation then NCAT.

This is the background, in brief:

– April 2009: Building Manager Agreement signed by Executive Committee. I don’t have access to AGM meeting records going back that far, but let’s assume it was put forward as a motion at Owners Corporation meeting and passed… the agreement has auto-extend clauses which means it could run for 5 years initial + 5 years extend without anyone lifting a finger.
– September 2016: ‘New’ Building Manager Agreement signed, with service agreement that is identical to the previous in all respects including fee structures and company director info, but with altered business details (i.e. new ABN, new business name, “trading as” almost identical to the previous service agreement holder, but ABN lookup does not substantiate the claimed “trading as” detail).

In relation to the 2016 agreement, I understand its dating puts it just prior to the new strata act commencing so I guess the previous laws would prevail in any discussion around it. However, the sections relating to appointment of building managers across the previous and current acts are almost identical so I’m thinking this may not derail my potential case, which is that:

– the 2016 service agreement is invalid because it effectively constituted either an ‘appointment’ or ‘transfer’ of building manager / caretaker, and there was no motion passed in a meeting of owners corporation on the matter (nor any strata / executive committee motion passed) — references Strata Schemes Management Act 2015 No 50; Section 67 – 69. and more relevant given the date the agreement was signed, Strata Schemes Management Act 1996; Section 40B.

Do you think this interpretation is sound and therefore do I have a chance to have the agreement terminated through the mediation > NCAT route? There are a range of other anomalies around this situation which I haven’t gone into, but it would be good to get opinions on this particular issue.