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

[2005] WASAT 130

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

STREAM:   COMMERCIAL & CIVIL

ACT: STRATA TITLES ACT 1985

CITATION:   MOSS and THE OWNERS OF BIJOU MARINA VILLAGE - STRATA PLAN 36747 & OTHERS [2005] WASAT 130

MEMBER:   MR T J CAREY (MEMBER)

HEARD:   DETERMINED ON THE DOCUMENTS

DELIVERED          :   10 JUNE 2005

FILE NO/S:   CC 508 of 2005

BETWEEN:   GEOFFREY JOEL MOSS

Applicant

AND

THE OWNERS OF BIJOU MARINA VILLAGE - STRATA PLAN 36747 & OTHERS
Respondent

Catchwords:

Strata titles - Renewal of interim order - Strata plan 36747

Legislation:

Strata Titles Act 1985 (WA) s 82(2), s 82(4)

Result:

Renewal of interim order.

Category:    B

Representation:

Counsel:

Applicant:     Ms R Lee

Respondent:     Ms L Price

Solicitors:

Applicant:     Peter Bogue

Respondent:     Anderson Kershaw

Case(s) referred to in decision(s):

Nil

Case(s) also cited:

Nil

MR T J CAREY (MEMBER):

REASONS FOR DECISION

1. On 11 March 2005, I made the following interim order:

   "There be an interim order under s 82(2) of the Act that the proprietors of all units of 'Bijou Marina Village‑Strata Plan 36747' refrain from advertising that their units are available for lease on a short‑stay or holiday accommodation basis and from entering into arms‑length lease agreements for short‑stay or holiday accommodation."

2. Reasons for decision regarding the interim order I made were delivered on 13 May 2005.

3. Section 82(4) provides that such an interim order ceases to have effect at the expiration of three months from the date on which it takes effect or, where the Tribunal has renewed the interim order, at the expiration of six months from that date.

4. The hearing of the substantive application occurred on 16 May 2005, when the Tribunal's decision was reserved. Although during the hearing I expressed the hope that a decision might be available before the expiry of the three-month period, that prognostication will not come to pass. In such a scenario, the applicant's counsel anticipated that there would be a request for renewal of the interim order in accordance with s 82(2)(b) of the Act. Such a request was made by facsimile from the applicant's solicitor received in the Tribunal on 3 June 2005.

5. For the same reasons as those expressed in my reasons for decision delivered on 13 May 2005, I consider it is appropriate that the interim order be renewed.  The parties are assured that the decision in the substantive application will be made well within the extended three‑month period afforded by the renewed order.

Order

1. The Tribunal orders that the interim order made by par 2 of the order dated 11 March 2005 be renewed in accordance with s 82(2)(b) Strata Titles Act 1985.

   I certify that this and the preceding three pages comprise the reasons for decision of the Tribunal.

   ________________________

   T J CAREY

   MEMBER