ACT CIVIL & ADMINISTRATIVE TRIBUNAL
CLEWS v THE OWNERS – UNITS PLAN 3069 (Appeal) [2019] ACAT 63
AA 41/2018 (UT 8/2018)
Catchwords: APPEAL – unit titles – review of motion defeated at general meeting – motion to add to new purpose to a lease required to be unopposed – whether objections unreasonable – whether small current competitive advantage of the objectors and slight but real possibility of detriment to them from the passage of the motion is sufficient to support objections – whether the fact that some objectors purchased units at much less than the appellant is relevant – whether failure to take into account expert evidence as to the effect of the motion – whether failure to offer compensation for the loss of the objectors is relevant
Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 79, 82
Body Corporate and Community Management Act 1997 (Qld) s 276
Planning and Development Act 2007 s 247
Unit Titles Act 2001 s 166
Unit Titles (Management) Act 2011 s 129
Cases cited:Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
Ainsworth v Albrecht [2016] HCA 40; 261 CLR 167
Brudenall v Owners Corporation Unit Plan No. 202 [2016] ACAT 101
Clews v The Owners – Units Plan No 3069 [2018] ACAT 82
Floro v The Owners – Units Plan No 630 [2017] ACAT 4Meaney v The Owners Corporation Units Plan 40 [2013] ACAT 72
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Owners Units Plan 768 v Lokusooriya [2013] ACAT 80Peters’ American Delicacy Co Ltd v Heath (1939) 61 CLR 457
Rampala v The Owners – Units Plan 1330 [2018] ACAT 35The Owners – Strata Plan No 69140 v Drewe [2017] NSWSC 84
Uren v The Owners – Units Plan No 396 [2017] ACAT 51
Wade v The Owners – Units Plan No. 1758 [2018] ACAT 47
List of texts cited:Cathy Sherry, Strata Title Property Rights (Routledge, 2017)
Tribunal:Acting Presidential Member R Orr QC
Date of Orders: 9 July 2019
Date of Reasons for Decision: 9 July 2019
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL ) AA 41/2018
BETWEEN:
CLAYTON NEAL LORNE CLEWS
Appellant
AND:
THE OWNERS – UNITS PLAN NO 3069
Respondent
TRIBUNAL:Acting Presidential Member R Orr QC
DATE:9 July 2019
ORDER
The Tribunal orders that:
1.The appeal is dismissed.
………………………………..
Acting Presidential Member R Orr QC
REASONS FOR DECISION
1.The original applicant and now appellant in these proceedings is Clayton Clews (applicant, appellant or Mr Clews) the owner of unit 10 in Units Plan 3069 (UP 3069), which comprises 24 commercial premises.
2.Mr Clews made an application under section 129(1)(g) of the Unit Titles (Management) Act 2011 (Unit Titles Management Act) seeking orders that the Tribunal give effect to a motion at a general meeting held on 25 January 2018 which failed because of the opposition of other owners (motion, discussed at paragraph [14]…
Keep reading for free
Create a free CaseChat account to read Clews v The Owners Units Plan 3069 (Appeal) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] ACAT 63
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
The Tribunal orders that:
1. The appeal is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.