ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728

Case

[2021] WASAT 17


Details
AGLC Case Decision Date
ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728 [2021] WASAT 17 [2021] WASAT 17

CaseChat Overview and Summary

This case involves a dispute between Jennifer Engwirda, an owner of a lot in the Queens Riverside Strata Plan, and the Owners of Queens Riverside Strata Plan 55728, the strata company for the strata titles scheme. The case revolves around Ms Engwirda's application for an inspection of the strata company's records and documents, specifically eight documents, which the strata company claimed were subject to legal professional privilege. The State Administrative Tribunal was tasked with determining whether the strata company had improperly claimed legal professional privilege for the eight documents.

The Tribunal examined the legal principles regarding legal professional privilege and the evidence provided by both parties. The Tribunal found that the Strata Company had not proved that the disputed documents were privileged. Consequently, Ms Engwirda is entitled to inspect the disputed documents. The Tribunal ordered the Strata Company to provide inspection of the eight documents to Ms Engwirda by giving her an electronic copy of those documents within a period of seven days.

This decision completes the remaining task of the Tribunal in this proceeding, and Ms Engwirda will now have access to the eight disputed documents.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Standing

  • Legal Professional Privilege

  • Admissibility of Evidence