GAWOR and THE OWNERS OF DAWESVILLE CARAVAN PARK STRATA PLAN 14644

The case involved Gawor, a body corporate of the Owners of Dawesville Caravan Park Strata Plan 14644, and the Owners. The dispute centred on the Strata Company's obligation to make a document available for inspection under section 43(1)(b) of the Strata Titles Act 1985 (WA), and the failure of Gawor to inspect or have an agent inspect the document. The threshold issue was whether Gawor's failure to inspect or have an agent inspect the document constituted a 'wrongful' failure for the purposes of section 90 of the Strata Titles Act 1985 (WA). Additionally, the case addressed the strata company's discretion to provide a copy of a document under section 43(1a) of the Strata Titles Act 1985 (WA).

The court had to determine whether Gawor's failure to inspect or have an agent inspect the document was wrongful, and whether the strata company's discretion to provide a copy of a document was applicable. The Owners argued that Gawor's failure to inspect or have an agent inspect the document was wrongful, as it was a breach of their right to inspect documents under section 43(1)(b) of the Strata Titles Act 1985 (WA). Gawor, on the other hand, contended that its failure was not wrongful, as it had provided a copy of the document to the Owners, exercising its discretion under section 43(1a) of the Strata Titles Act 1985 (WA). The court had to decide whether Gawor's provision of a copy of the document constituted a sufficient exercise of its discretion, and whether the Owners' right to inspect documents was infringed upon by Gawor's failure to inspect or have an agent inspect the document.

The court found that Gawor's failure to inspect or have an agent inspect the document was not wrongful, as it had provided a copy of the document to the Owners, exercising its discretion under section 43(1a) of the Strata Titles Act 1985 (WA). The court held that Gawor's provision of a copy of the document constituted a sufficient exercise of its discretion, and that the Owners' right to inspect documents was not infringed upon by Gawor's failure to inspect or have an agent inspect the document. The court further held that Gawor's failure to inspect or have an agent inspect the document did not constitute a wrongful failure for the purposes of section 90 of the Strata Titles Act 1985 (WA), as the Owners had already been provided with a copy of the document.

The court ordered that Gawor's failure to inspect or have an agent inspect the document did not constitute a wrongful failure for the purposes of section 90 of the Strata Titles Act 1985 (WA), and that Gawor's provision of a copy of the document to the Owners constituted a sufficient exercise of its discretion under section 43(1a) of the Strata Titles Act 1985 (WA). The court also held that the Owners' right to inspect documents was not infringed upon by Gawor's failure to inspect or have an agent inspect the document, as they had already been provided with a copy of the document.