Grant and the Owners Of Rosneath Farm - Strata Plan 35452

The case involved Grant, the applicant, and the Owners of Rosneath Farm, the respondent, who were in dispute over certain by-laws. The matter was heard in the Western Australian Civil and Administrative Tribunal (WCAT). The applicant sought a declaration that certain by-laws were invalid and an order that they be repealed. The respondent argued that the applicant's application was invalid as it had not been preceded by a certificate under section 77B of the Strata Titles Act 1985 (WA). The tribunal was required to determine whether a certificate under section 77B was a mandatory prerequisite to making an application to WCAT.

The tribunal found that a certificate under section 77B was not a mandatory prerequisite to making an application to WCAT. The tribunal held that the application was valid and dismissed the respondent's application to strike out the proceedings. The tribunal found that the variations to the by-laws contained in the Notification of Change of By-laws were invalid as they had not been properly approved by the Owners Corporation. The tribunal held that the applicant was entitled to the declarations and orders sought.

The tribunal made several orders, including amending the application to include a reference to section 97 of the Strata Titles Act 1985 (WA), dismissing the respondent's application to strike out the proceedings, and declaring that the variations to the by-laws contained in the Notification of Change of By-laws were invalid. The tribunal's decision provides guidance on the requirements for making an application to WCAT under the Strata Titles Act 1985 (WA) and the proper approval process for by-laws in strata schemes.