Maranel Body Corporate v Danielle Crafford

The Community Schemes Ombud Service received an application for dispute resolution concerning the payment of arrear levies allegedly owed by the respondent, Danielle Crafford, as owner of units 79 and 110 in the Maranel scheme. The applicant, Maranel Body Corporate, pursued relief through the CSOS process. During the adjudication process, it was established on investigation, and confirmed with the applicant and the managing agent, that the dispute had been settled on or about 30 March 2024. Because the arrear levy dispute had been resolved before final adjudication, there was no longer any live cause of action requiring determination.

• Whether there remained a live dispute or cause of action for adjudication after the parties settled the arrear levy dispute.
• Whether the matter should be removed from the adjudication roll and the file closed in light of the settlement.

The matter was removed from the adjudication roll on the basis that the dispute had been resolved, and the file was closed.

Where a dispute referred to the Community Schemes Ombud Service has been settled and there is no longer a live controversy or cause of action, the adjudicator should not decide the merits and may remove the matter from the roll and close the file.

No substantive obiter dicta appear from the text. The order is brief and confined to the procedural consequence of settlement.

The order illustrates the CSOS adjudicative approach where a community schemes dispute becomes moot before determination. It confirms that once the parties have resolved the underlying dispute, the adjudicator will not issue a merits ruling and will remove the matter from the roll for lack of a continuing cause of action. The case is procedurally significant rather than jurisprudentially substantive.