Green v The Owners Units Plan No. 199

Green brought an appeal against The Owners Units Plan No. 199 before the Civil and Administrative Tribunal of the Australian Capital Territory, concerning the merits review of a motion by the owners corporation regarding changes to unit entitlements after an extension to the property. The appeal questioned the process by which the owners corporation determined the valuations for calculating unit entitlements and the subsequent motion passed by the corporation to cease attempts to register the amended unit entitlements.

The legal issues before the court were whether the merits review process should be conducted as a hearing de novo, and if so, what factors should be considered in determining valuations for unit entitlements in the context of property extensions. The court had to examine whether the process followed by the owners corporation was fair and in accordance with established principles of property law and the relevant legislation.

The court held that the merits review process should indeed be conducted as a hearing de novo, allowing for a fresh examination of the evidence and arguments. The Tribunal found that the owners corporation had not adequately considered the factors relevant to determining the unit entitlements, particularly in light of the property extension. The court emphasised the importance of transparency, fairness, and adherence to the legal framework in such decisions. The Tribunal concluded that the motion passed by the owners corporation was flawed and ordered its repeal. Furthermore, the Tribunal directed the Executive Committee of the owners to apply for the amendment of the unit entitlements based on the 2011 valuation by Peter Gately and ordered that the costs of this process be borne by the owners according to their unit entitlements.

The final orders of the Tribunal were that the motion passed on 5 February 2014 be repealed, and that the Executive Committee of the owners apply for the amendment of the unit entitlements using the 2011 valuation, with the costs of this application to be paid by the owners in accordance with their unit entitlements.