Huang v Body Corporate for the Dorchester CTS 10749

The case of Huang v Body Corporate for the Dorchester CTS 10749 involves the appellant, Mr Huang, who has exclusive use of part of the rooftop area of a strata property, and the respondent, the Body Corporate. The dispute arose from the appellant’s construction of improvements on the exclusive use area without prior approval from the respondent. Although the respondent later approved these improvements retrospectively, Mr Huang contends that this resolution was unreasonable and invalid. The matter was referred to adjudication, where the adjudicator upheld the validity of the resolution. Mr Huang appealed this decision to the court, arguing that the resolution was unreasonable and that the adjudicator failed to consider his human right to property under the Human Rights Act 2019 (Qld).

The primary legal issues in this case were whether the resolution approving the improvements was reasonable and whether the adjudicator’s failure to consider the appellant’s human right to property constituted an error of law. The court needed to determine the validity of the resolution made by the respondent and whether the adjudicator’s decision was in accordance with the law, including the consideration of the Human Rights Act 2019 (Qld).

The court found that the resolution approving the improvements was reasonable, as the appellant had exclusive use of the area and the improvements were made in good faith. The court also held that the Human Rights Act 2019 (Qld) did not apply to the adjudication, as the adjudicator was not engaging in a function of a public nature. Consequently, the court found no error of law in the adjudicator’s decision, and the appeal was dismissed.