PATERSON and THE OWNERS OF 27 PURDOM ROAD WEMBLEY DOWNS SURVEY-STRATA PLAN 30555

The case involved a dispute between Paterson and the owners of a property at 27 Purdom Road, Wembley Downs, as part of a strata scheme. The issue at hand was whether the strata company could unreasonably refuse consent for alterations to the common property, which in this case was a proposal to install a concrete driveway. The case was heard in the Victorian Civil and Administrative Tribunal.

The primary legal question was whether the Tribunal had jurisdiction to review the strata company's decision to unreasonably withhold consent. Additionally, the court considered whether the strata company's failure to obtain landowner consent constituted a breach of its duties. The court was also tasked with determining whether the Tribunal had the authority to order the strata company to grant consent if it was found that the refusal was unreasonable.

The Tribunal found that it did have jurisdiction to review the strata company's decision to unreasonably withhold consent. It held that the strata company's failure to obtain landowner consent could be considered a breach of its duties under the Strata Titles Act. Furthermore, the Tribunal determined that it could order the strata company to grant consent if it was unreasonable for the company to have withheld it. The Tribunal noted that it was a creature of statute and its powers were limited to what was expressly provided by law.

The final orders included a declaration that the strata company's refusal to consent was unreasonable, and an order that the strata company must grant consent for the proposed driveway installation. Additionally, the Tribunal ordered that the strata company pay the costs of the proceedings.