Ren v Strata Corporation 12753 Inc (ABN: 77 343 530 199)

This matter came before the High Court of Australia concerning an application for special leave to appeal and an application for a stay of orders made by the Court of Appeal. The applicant, Ms. Ren, sought to extend the time for compliance with orders requiring the vacation of tenancies and the dismantling of internal works, pending the determination of her special leave application. The respondent, Strata Corporation 12753 Inc, opposed the stay, arguing ongoing prejudice due to unremediated unit defects, including safety issues.

The central legal issue before the High Court was whether to grant a stay of the Court of Appeal's orders, thereby extending the deadlines for Ms. Ren to comply with the rectification and vacation orders, until the High Court determined the special leave application. This required the Court to assess the prospects of success of the special leave application and the balance of convenience, particularly in light of the respondent's claims of ongoing prejudice and the applicant's arguments regarding the delay in the commencement of proceedings by the respondent.

Her Honour considered the significant delay by the respondent in commencing proceedings, noting that the current situation had persisted for approximately four years. While acknowledging the respondent's concerns about safety issues, including a lack of electrical compliance certificates and inadequate kitchen ventilation, Her Honour placed considerable weight on evidence from the local council indicating that a fire safety audit in July 2024 found the fire safety of the apartment to be adequate and that the apartment layout reflected approved plans. Based on the absence of compelling evidence of imminent risk to human health and safety, and given the expedited determination of the special leave application by 7 November 2024, Her Honour determined that an extension of time was warranted.

Consequently, Her Honour ordered that the compliance dates for vacating the tenancies and restoring the building work be extended, mirroring the period granted by the Court of Appeal but commencing after the special leave determination date. Costs orders in favour of the respondent were stayed until the determination of the special leave application. Liberty to apply was granted to both parties in the event of any material change in circumstances, particularly for the respondent to present any new safety issue evidence. The special leave application itself was scheduled for determination on 7 November 2024.