LAFFIN and RENOUF

Laffin and Renouf was a case that involved a dispute in the Supreme Court of Western Australia. The case revolved around the alteration of common property by a proprietor within a strata scheme. Specifically, Laffin had demolished a carport and constructed a new carport on a different part of the common property, which also involved the removal of a concrete slab and new paving. The issue at hand was whether the other proprietors and the strata company needed to approve these alterations, and whether a declaration should be made under section 95(3)(a) of the State Administrative Tribunal Act 2004 (WA).

The court had to determine the extent of the proprietor's right to alter common property and whether there were any statutory or contractual requirements that needed to be fulfilled before such alterations could be made. The court also had to consider the balance between a proprietor's rights and the rights of other proprietors and the strata company. The court found that the proprietor had the right to alter common property, but this right was not absolute. The proprietor must act in good faith and not cause damage to the common property or interfere with the rights of other proprietors. In this case, the court found that Laffin had not acted in good faith and had caused damage to the common property. The court also found that the other proprietors and the strata company had not given their approval for the alterations, and that a declaration should be made under section 95(3)(a) of the State Administrative Tribunal Act 2004 (WA).

The court ordered Laffin to restore the common property to its previous state and to pay damages to the other proprietors and the strata company. The court also declared that Laffin's alterations were invalid and that the other proprietors and the strata company did not need to approve them. This decision highlights the importance of seeking approval from all relevant parties before making alterations to common property within a strata scheme. It also emphasises the need for proprietors to act in good faith and not cause damage to the common property or interfere with the rights of other proprietors.