Moallem v CTTT

In the Federal Circuit Court, Moallem commenced proceedings against the Consumer, Trader and Tenancy Tribunal, seeking an order to set aside resolutions of an owners corporation that had implemented a decision of a Strata Schemes Adjudicator. The dispute involved the interpretation of court orders and the implementation of a decision of the Strata Schemes Adjudicator. The court was required to determine whether the Strata Schemes Adjudicator was the appropriate defendant and whether the resolutions of the owners corporation were contrary to court orders and thus invalid. The court also had to consider the jurisdiction of the Strata Schemes Adjudicator, the Wedsbury unreasonableness and procedural fairness, and the effect of the orders of the superior court of record.

The court found that the Strata Schemes Adjudicator was not the appropriate defendant and that the individual adjudicator should have been joined as the defendant. The court also found that the Strata Schemes Adjudicator was a tribunal for the purposes of the Supreme Court Act 1970, and thus, the orders of the superior court of record were valid until set aside. The court further found that the resolutions of the owners corporation were contrary to court orders but were made pursuant to the decision of the Strata Schemes Adjudicator. The court held that it had the power to make an order allowing the owners corporation to levy lot owners other than in proportion to their unit entitlement if it was necessary. The court held that the meaning of "necessary" in the context of the orders was not limited to cases where the owners corporation was unable to obtain the necessary funds from lot owners in proportion to their unit entitlement.

The court ultimately set aside the resolutions of the owners corporation and quashed the decision of the Strata Schemes Adjudicator. The court held that the Strata Schemes Adjudicator had exceeded their jurisdiction by making a decision that was contrary to the court orders, and that the owners corporation had acted unreasonably in implementing the decision of the Strata Schemes Adjudicator. The court also held that the Strata Schemes Adjudicator had failed to observe procedural fairness in making their decision. The court made orders allowing the owners corporation to levy lot owners other than in proportion to their unit entitlement, but only if it was necessary to do so.