Davidson v The Owners – Units Plan No 1475 & Anor (Unit Titles)

The applicants sought an order for the respondents to provide access to the corporate register of a unit title scheme. The first respondent was the owners corporation of the unit title scheme and the second respondent was the body corporate. The dispute involved the applicant, who was the owner of a unit in the scheme, requesting access to the corporate register to obtain information regarding the other unit owners. The second respondent refused the request on the basis of privacy considerations, and the applicants sought relief from the Civil and Administrative Tribunal of the ACT. The applicants argued that the second respondent's refusal to provide access to the corporate register was in breach of section 119 of the Unit Titles (Management) Act 2011. The second respondent was unable to provide any legal justification for their refusal and the court was not satisfied with the reasoning provided by the respondents' representatives. The court ordered the first respondent to provide the applicant with access to the corporate register forthwith and noted that the applicant could pursue further action against the first respondent if she wished to do so. The court emphasised that the right of access to the corporate register was a statutory right, and the owners corporation had an obligation to comply with the Act.

The main legal issue in this case was whether the owners corporation was entitled to refuse the applicant's request for access to the corporate register under section 119 of the Unit Titles (Management) Act 2011. The applicant argued that the owners corporation had a legal obligation to provide access to the corporate register, and the respondents' refusal to do so was in breach of the Act. The respondents, however, argued that the applicant's request should be refused on the basis of privacy considerations. The court found that the respondents were unable to provide any legal justification for their refusal and were not satisfied with the legal reasoning provided by the respondents' representatives. The court emphasised that the right of access to the corporate register was a statutory right, and the owners corporation had an obligation to comply with the Act. The court found that the owners corporation had failed to comply with its legal obligations and ordered the first respondent to provide the applicant with access to the corporate register forthwith. The court also noted that the applicant could pursue further action against the first respondent if she wished to do so.

In this case, the court held that the owners corporation was not entitled to refuse the applicant's request for access to the corporate register. The court found that the right of access to the corporate register was a statutory right, and the owners corporation had an obligation to comply with the Act. The court emphasised that the owners corporation had failed to comply with its legal obligations and ordered the first respondent to provide the applicant with access to the corporate register forthwith. The court also noted that the applicant could pursue further action against the first respondent if she wished to do so. The court's decision highlights the importance of complying with statutory obligations and the consequences of failing to do so. It also reinforces the right of unit owners to access the corporate register and obtain information about the other unit owners.