Bisa v The Owners Units Plan 1547 (Unit Titles)

In Bisa v The Owners Units Plan 1547, the dispute centred on the Corporation's refusal to grant a special privilege for the exclusive use of common property. The applicant sought an order compelling the Corporation to create rules for the privilege. The matter was heard by the ACT Civil and Administrative Tribunal, which had jurisdiction under the ACT Civil and Administrative Tribunal Act 2008.

The primary legal issues before the Tribunal were whether the Corporation's refusal to make special privilege rules was unreasonable and whether the Tribunal had the power to order the payment of money up to a specified limit under section 129(1)(d). The Tribunal needed to determine if the Corporation acted unreasonably in opposing motions to grant the special privilege and if the Tribunal had the authority to order a monetary payment within the specified limit.

The Tribunal found that it was not unreasonable for the Corporation to oppose the motions to grant the special privilege. The Tribunal also considered the operation of section 129(1) and section 129(2) of the Act, concluding that section 129(1)(d) provides the Tribunal with broad powers to order payment of money, but only up to the particular limit of $1,000. Based on these findings, the Tribunal dismissed the application.

The Tribunal's orders were straightforward and to the effect that the application was dismissed.