Ayliffe v Cross

The case of Ayliffe v Cross involved a dispute between a body corporate and a lot owner over the reinstatement of common property. The body corporate for Pacific Place Community Title Scheme 10530 sought to compel the lot owner, Neale Cross, to reinstate certain common property that had been replaced. Cross appealed an adjudicator's order that required him to reinstate the common property. The legal issues before the court were whether the appeal was on a question of law and whether the lot owner was obliged to reinstate the common property. The court held that the appeal was on a question of law and that the lot owner was not required to reinstate the common property. The court found that the adjudicator had erred in his interpretation of the relevant legislation and that the body corporate was not entitled to compel the lot owner to reinstate the common property. The appeal was therefore allowed in part, and the body corporate was ordered to pay Cross the sum of $3,126. The appeal was otherwise dismissed.