Gold v Proprietors Units Plan No 52

Gold (the applicant) sought judicial review of a decision by the respondent, the Proprietors Units Plan No 52 (the body corporate), to refuse to register a transfer of a unit title. The dispute concerned the body corporate's power to refuse registration of a transfer on grounds other than those expressly permitted by the relevant legislation. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the body corporate had the power to refuse to register a transfer of a unit title on grounds that were not specifically enumerated in the relevant legislation, particularly section 106 of the *Real Property Act 1900* (NSW). The applicant contended that the body corporate's refusal was unlawful as it was based on considerations outside the statutory grounds for objection.

The High Court held that the power of a body corporate to refuse registration of a transfer of a unit title is limited to the grounds specified in the relevant legislation. Brennan and Dawson JJ reasoned that the statutory scheme intended to provide a clear and defined process for the transfer of property, and allowing bodies corporate to refuse registration on extraneous grounds would undermine this certainty and potentially lead to arbitrary decision-making. They emphasised that the purpose of the legislation was to facilitate, not impede, the transfer of unit titles, and that any refusal must be based on a demonstrable breach of the statutory requirements or the body corporate's by-laws.

The High Court ordered that the decision of the body corporate to refuse registration be quashed and that the transfer be registered.