ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728
Case
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[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.
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
Key Legal Topics
Areas of Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Standing
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Legal Professional Privilege
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Admissibility of Evidence
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Most Recent Citation
ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728 [2022] WASAT 19
Cases Citing This Decision
4
ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728
[2022] WASAT 19
The Owners of Queens Riverside Strata Plan 55728 v Engwirda
[2021] WASC 392
ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728
[2022] WASAT 19
Cases Cited
10
Statutory Material Cited
0
Engwirda and the Owners Of Queens Riverside Strata Plan 55728
[2018] WASAT 15
Engwirda v The Owners of Queens Riverside Strata Plan 55728
[2019] WASCA 190
Schreuder v Murray [No 2]
[2009] WASCA 145