BORIS and THE OWNERS OF OBSERVATION RISE STRATA PLAN 24414

Boris sought approval from the Owners Corporation of Observation Rise Strata Plan 24414 to construct a pergola on the balcony of his apartment. The Corporation denied the application on the basis that it would obstruct the view from other lots, and that it was not in keeping with the design of the lot. Boris filed an application in the Supreme Court of New South Wales for judicial review of the Corporation's decision. The primary legal issue before the court was whether the Corporation's refusal to approve the construction of the pergola was unreasonable. The court considered whether the decision was based on a proper consideration of the relevant factors, and whether it was a decision that a reasonable decision-maker could have made.

The court held that the Corporation's refusal to approve the construction of the pergola was unreasonable. The court found that the Corporation had failed to properly consider the impact of the pergola on Boris's reasonable use and enjoyment of his lot, and that the decision was based on an incorrect application of the relevant strata legislation. The court also held that the Corporation's concerns about the impact on views from other lots and the design of the development were not sufficient to outweigh Boris's right to make reasonable use and enjoyment of his lot. The court found that the decision was unreasonably withheld, and ordered that the Corporation approve the construction of the pergola.