ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728

[2019] WASAT 149

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

CITATION:   ENGWIRDA and THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728 [2019] WASAT 149

MEMBER:   MR D AITKEN, SENIOR MEMBER

HEARD:   DETERMINED ON THE DOCUMENTS

DELIVERED          :   5 DECEMBER 2019

PUBLISHED           :   19 MAY 2020

FILE NO/S:   CC 2735 of 2018

BETWEEN:   JENNIFER ENGWIRDA

Applicant

AND

THE OWNERS OF QUEENS RIVERSIDE STRATA PLAN 55728

Respondent

Catchwords:

Withdrawal of application under the Strata Titles Act 1985 (WA) as it was before 1 May 2020

Legislation:

Strata Titles Act 1985 (WA), s 81(5), s 102(1)(f)

Result:

Application withdrawn

Category:    B

Representation:

Counsel:

Applicant	:	In Person
Respondent	:	Mr C Russell

Solicitors:

Applicant	:	N/A
Respondent	:	Wotton + Kearney Lawyers (Perth)

Case(s) referred to in decision(s):

Clay and The Owners of Carinya Court Rockingham Strata Plan 25819 [2018] WASAT 39

REASONS FOR DECISION OF THE TRIBUNAL:

1. The applicant, Ms Jennifer Engwirda made an application to the Tribunal under s 102(1)(f) of the Strata Titles Act 1985 (WA), as it was before 1 May 2020 (pre-May 2020 ST Act), when major amendments to the pre-May 2020 ST Act took effect.

2. In the application, Ms Engwirda was seeking the appointment of an administrator to the respondent, The Owners of Queens Riverside Strata Plan 55728, which is the strata company of the strata scheme named Queens Riverside, established by the registration of Strata Plan 55728.

3. By an email which Ms Engwirda sent to the Tribunal at 1.43 pm on 4 December 2019, Ms Engwirda stated that she withdrew the application.  Ms Engwirda also sent that email to the respondent's legal representative.

4. Section 81(5) of the pre-May 2020 ST Act provided as follows:

   An application may be withdrawn by the applicant at any time before an order is made.

5. For the reasons stated in Clay and The Owners of Carinya Court Rockingham Strata Plan 25819 [2018] WASAT 39, Ms Engwirda was entitled to withdraw the application before the Tribunal had determined it, without requiring the Tribunal to give leave for her to do so.

6. Accordingly, on the morning of 5 December 2019 the Tribunal made an order that the application was withdrawn and vacated the directions hearing which was listed for that afternoon.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

MR D AITKEN, SENIOR MEMBER

19 MAY 2020