May v Owners Units Plan No. 116 (Unit Titles)

The case of May v Owners Units Plan No. 116 involved the owners of a unit title in a strata scheme. The dispute arose when the plaintiff sought reimbursement for the cost of replacing a water pipe and obtaining an occupational health and safety report concerning the risk posed by a tree root to the property. The defendants, the owners corporation, opposed the motion before the general meeting, leading to the plaintiff's application for a review of the decision. The primary legal issues before the court were whether the tree root caused the damage to the water pipe and carport slab, and if the opposition to the motion was reasonable.

The court considered the evidence and found that the tree root was not the cause of the damage to the water pipe and carport slab. As a result, the plaintiff was not entitled to reimbursement for the costs incurred. Additionally, the court held that the opposition to the motion before the general meeting was not unreasonable, and there was no basis to interfere with the outcome of the general meeting. The court emphasised that the decisions of the general meeting should not be subject to judicial review unless there was a clear error of law or procedural unfairness.

In light of the findings, the court dismissed the plaintiff's application for a review of the decision. The court further noted that the costs of the application were to be borne by the plaintiff. This decision underscores the importance of the general meeting's autonomy in making decisions within a strata scheme, provided that the decisions are not tainted by procedural unfairness or legal errors.