Stann and the Owners Of Beau Vista Strata Plan 12008

The case involved Stann, a lot owner, and the Owners of Beau Vista Strata Plan 12008, a strata company. The dispute centred around the strata company's alleged breach of duty to maintain and control the common property. Specifically, the issue was whether the strata company had a duty to impose on a caretaker, who was also a lot proprietor, a list of duties and require the keeping of a log book for work attendances. The matter was heard in the Supreme Court of New South Wales.

The legal issues that the court had to decide were whether the strata company breached its duty to properly maintain and control the common property and whether the agreement between the strata company and the caretaker constituted a breach of the duty to benefit all lot proprietors. Additionally, the court had to determine whether the waiver of levies by the strata company to the caretaker amounted to a breach of duty.

The court held that the strata company did not breach its duty to properly maintain and control the common property. The agreement with the caretaker was not a breach of the duty to benefit all lot proprietors, as it was not unreasonable or unfair. The waiver of levies to the caretaker was also not a breach of duty, as it was not arbitrary or capricious. The court further held that the strata company was not under a duty to impose on the caretaker a list of duties and require the keeping of a log book of work attendances.

The court dismissed the proceedings brought by the plaintiff. No orders for costs were made.