The Australian College of Midwives Ltd v The Owners - Units Plan NO. 1475 (Unit Titles)

The Australian College of Midwives Ltd, as the registered owner of a commercial unit, sought an order that the owners corporation of a multi-storey mixed use commercial and residential building, The Owners - Units Plan NO. 1475, was responsible for the maintenance of an air-conditioning plant. The plant had been affixed to parts of the building that later became common property upon registration of a units plan. The owners corporation maintained that it was not responsible for the plant as it was not common property. The dispute was heard and determined by the Civil and Administrative Tribunal of New South Wales.

The central issue before the Tribunal was whether the air-conditioning plant affixed to parts of the building that later became common property was part of the common property. The Tribunal considered whether the plant was intended at the time of affixation to become part of the common property and whether the plant was installed to give effect to statutory rights to use the common property for the provision of air that the relevant unit owners would have on and after registration of the units plan. The Tribunal also considered the unit title easement rights in the context of the dispute.

The Tribunal found that the air-conditioning plant was not part of the common property. The Tribunal held that the plant was not intended at the time of affixation to become part of the common property. The Tribunal also held that the plant was installed in anticipation of, and to give effect to, statutory rights to use the common property for the provision of air that the relevant unit owners would have on and after registration of the units plan. As such, the plant was not part of the common property and the owners corporation was not responsible for its maintenance. The Tribunal dismissed the application brought by the Australian College of Midwives Ltd.

The Tribunal ordered that the application brought by the Australian College of Midwives Ltd be dismissed. The Tribunal held that the owners corporation was not responsible for the maintenance of the air-conditioning plant and that the application should be dismissed.