McLeod v Body Corporate for Stradbroke Tower and Villas

The appellant, McLeod, sought approval from the respondent Body Corporate for Stradbroke Tower and Villas to install hard-wood flooring on their lot, under the by-laws of the Community Title Scheme. The by-laws provide that any approval may require a noise attenuation level up to FIIC 77 to be met. The Adjudicator subsequently made orders giving approval subject to the condition that a noise attenuation level of FIIC 65 be met. McLeod appealed the decision on the grounds that the noise attenuation condition was unreasonable. The appeal was heard by the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue was whether the condition imposed by the Adjudicator was reasonable. The court considered whether the condition imposed by the Adjudicator was consistent with the by-laws and whether the condition was necessary to protect the interests of other lot owners. The court also considered whether the condition was proportionate to the risk posed by the proposed works.

The court found that the condition imposed by the Adjudicator was reasonable. The court noted that the by-laws provided for the imposition of a noise attenuation condition and that the condition was necessary to protect the interests of other lot owners. The court also found that the condition was proportionate to the risk posed by the proposed works. The court dismissed the appeal.

The appeal is dismissed. The orders made by the Adjudicator remain in place, and McLeod must meet the noise attenuation condition of FIIC 65 before installing the hard-wood flooring.