Moss and Owners of Bijou Marina Village - Strata Plan 36747 and Ors

The case involved Moss and the Owners of Bijou Marina Village - Strata Plan 36747, along with other parties, in the Supreme Court of New South Wales. The dispute centred around the interpretation and enforcement of the Strata Schemes Management Regulation 2016 (NSW) and the Strata Schemes Management Act 1996 (NSW), particularly in relation to interim orders. The applicants, Moss and the Owners, sought to prevent the respondents from carrying out certain works that they believed were not compliant with the relevant legislation.

The central legal issues before the court were whether the applicants had standing to apply for the interim orders and whether the proposed works contravened the statutory provisions. The court had to determine if the applicants, who were not the managers of the strata scheme, could seek such orders and if the works in question were authorised under the Strata Schemes Management Act.

The court found that the applicants did indeed have standing to apply for the interim orders as they were unit owners directly affected by the proposed works. It was held that the applicants, as unit owners, had a legitimate interest in ensuring that the works complied with the statutory requirements. The court further ruled that the proposed works were not authorised under the Strata Schemes Management Act and, therefore, constituted a breach of the legislation. Consequently, the court granted the interim orders sought by the applicants, preventing the respondents from proceeding with the works.

The court's decision resulted in the granting of the interim orders sought by the applicants, effectively halting the respondents' proposed works. The court emphasised the importance of adhering to statutory requirements in strata management and underscored the rights of unit owners to challenge non-compliant activities through appropriate legal channels. The final orders were made in favour of the applicants, ensuring compliance with the Strata Schemes Management Act.