SINGH and UNITINGCARE WEST

The matter before the court involved a dispute between Singh and UnitingCare West regarding the installation of Bike Rails and Bollard on common property. The case was heard in the Supreme Court of Western Australia. The primary legal issue was whether the Strata Company had the authority to authorise the first respondent to purchase and install the Bike Rails and Bollard as their agent, and if this decision aligned with the objectives and requirements set forth in the Strata Titles Act 1985 (ST Act).

The court examined the provisions of the ST Act, particularly section 135(1) and section 91, to determine the Strata Company's ability to delegate its functions. The court found that the Strata Company had the power to enter into a management agreement and employ an agent, as evidenced by the decision in The Owners of Metro Inn Apartments Strata Plan 11800 v Transmetro Corporation Ltd. The court also considered the objective of a strata company in performing its functions, as outlined in section 119(1) of the ST Act. This objective requires that the strata company's actions not be unfairly prejudicial, discriminatory, oppressive, or unreasonable. The court found that it was within the Strata Company's authority to agree to the works being carried out by the first respondent, provided that the first respondent bore the cost of the works.

In conclusion, the court found in favour of UnitingCare West and ruled that the Strata Company had the power to authorise the first respondent to purchase and install the Bike Rails and Bollard as their agent. The court further found that the Strata Company's decision aligned with the objectives and requirements set forth in the ST Act. Therefore, the Strata Company's resolution to have the works carried out by the first respondent, at their own expense, was lawful and valid.