FRASER and THE OWNERS OF MORGAN MEWS, STRATA PLAN 45385

In the Supreme Court of New South Wales, the applicant, Fraser, together with the Owners of Morgan Mews, Strata Plan 45385, brought a case against the Respondents, the Strata Company and the Strata Council. The dispute arose from various complaints regarding the daily activities of the occupiers of the properties within the Strata Plan, including noise complaints, unauthorised parking on common property, car washing, and obstruction. The applicants sought relief under the Strata Schemes Management Act 2015 (NSW), primarily for the enforcement of by-laws and the correction of inaccurate minutes of meetings.

The court had to determine whether the Strata Company and Strata Council had acted appropriately in enforcing the by-laws when breaches occurred and whether the appointment of an administrator was justified as a remedy of last resort. The applicants also sought the correction of alleged inaccuracies in the minutes of meetings. The court examined the principles of common courtesy and basic goodwill that should govern interactions among neighbours, and whether these principles were being upheld.

The court found that the Strata Company and Strata Council had acted appropriately in enforcing the by-laws and maintaining order within the Strata Plan. The court emphasised that the remedy of appointing an administrator should only be considered in the most extreme circumstances. The applicants' claims were dismissed as the court was satisfied that the actions taken by the Strata Company and Strata Council were reasonable and within the scope of their statutory powers. The court also noted that any inaccuracies in the minutes of meetings did not materially affect the outcomes of the proceedings.

The final orders of the court were that the applicants' claims were dismissed, and each party was to bear their own costs of the proceedings. The court did not find it necessary to correct the minutes of meetings as the alleged inaccuracies did not impact the fairness of the proceedings.