Knight v The Owners Strata Plan 208

The applicants, Mr Knight and Mrs Knight, sought orders to compel the Owners Corporation of Strata Plan 208 to register a proposed common property rights by-law. This decision arose in the Tribunal, under the Strata Schemes Management Act 2015, and involved disputes about the management and governance of the strata scheme.

The central legal issue before the Tribunal was whether the refusal by the Owners Corporation to register the proposed by-law was unreasonable. The applicants argued that the Owners Corporation's refusal was arbitrary and not in line with the requirements of the Act. They contended that the by-law was reasonable, necessary, and in the best interest of the strata scheme. The Owners Corporation, on the other hand, argued that the proposed by-law was not in the best interest of the strata scheme and that its refusal was reasonable and justified.

The Tribunal found that the Owners Corporation's refusal to register the proposed by-law was unreasonable. The Tribunal considered the evidence and submissions from both parties and concluded that the proposed by-law was reasonable, necessary, and in the best interest of the strata scheme. The Tribunal also found that the Owners Corporation's refusal was not based on any valid or reasonable grounds and was therefore unreasonable. The Tribunal ordered that the proposed by-law be registered and that the Owners Corporation take all necessary steps to do so within 28 days.

The Tribunal also made orders regarding the costs of the application, including the filing and serving of submissions and evidence. The applicants were required to file and serve their submissions in support of an application for costs by 3 August 2022, while the Owners Corporation had until 17 August 2022 to file and serve any submissions in response. Any submissions in reply were to be filed and served by 24 August 2022. The Tribunal also noted that any party could indicate whether they accepted that the costs should be determined on the papers, without the need for a further hearing.