RECHICHI and JOHNSTON

The case of Rechichi and Johnston involved a dispute regarding the boundaries of a lot within a strata scheme. The matter was heard in the Supreme Court of Western Australia. The central issue was determining the precise boundaries of Lot 1 within the strata scheme, which included identifying the boundaries of four part lots within that lot. The dispute arose from differing interpretations of the strata plan and the relevant legislation, specifically the Strata Titles Act 1985.

The court was tasked with interpreting the statutory definition of a "lot" within the strata scheme, determining how the boundaries of a lot should be ascertained. This involved examining the interaction between the strata plan, the Strata Titles Act, and any relevant regulations. The primary question was whether the boundaries of the lot should be determined by the external surfaces of the building or by the floor plan, as well as how to interpret the boundaries of the four part lots within Lot 1. The court also had to consider the application of specific clauses within the strata scheme and the implications of the scheme being an "existing small strata scheme" under the legislation.

The court concluded that the boundaries of the lot and its part lots should be determined by the external surfaces of the building, as prescribed by the relevant clause in the strata scheme. This interpretation was consistent with the statutory provisions and the scheme's registration as an existing small strata scheme. The court emphasised that the floor plan was intended to depict certain physical features that define the cubic space but does not constitute the definitional features of the space. The court's reasoning was based on the primacy of the boundary description and the specific provisions of the strata plan and legislation.

The final orders of the court confirmed the boundaries of Lot 1 and its part lots as determined by the external surfaces of the building, in accordance with the strata plan and the relevant statutory provisions. The court also clarified the application of the specific clause within the strata scheme, ensuring that the interpretation aligned with the legislative framework and the scheme's status as an existing small strata scheme.