THE OWNERS OF 5 & 7 UPTON PLACE LANGFORD STRATA PLAN 38498 and SWIFT

The case involved two owners of lots in a strata plan, who brought an application to the State Administrative Tribunal of Western Australia. The dispute centred on the roots of a lemon-scented gum tree, which extended from the applicants' lot to the surface of the adjacent common property, causing damage and inconvenience. The applicants sought an order under section 83(1) of the Strata Titles Act 1985 (WA), which empowers the Tribunal to settle disputes between lot owners and the body corporate. The applicants also alleged that the strata company was using the proceedings as a means of intimidation and to financially burden the lot proprietor.

The primary legal issue before the Tribunal was whether it had the jurisdiction to make an order under section 83(1) of the Strata Titles Act 1985 (WA). Additionally, the Tribunal had to determine whether such an order should be made, considering the applicants' claims of intimidation and financial ruin by the strata company. The applicants argued that the roots were causing significant damage to their property and that the strata company was misusing the legal process. The respondents, the body corporate and the strata company, contended that the roots were not causing significant damage and that the proceedings were a legitimate exercise of their rights under the Act.

The Tribunal held that it did have the power to make an order under section 83(1) of the Act, as the dispute was between the lot owners and the body corporate. The Tribunal found that the roots of the tree were causing some inconvenience and damage, but not to the extent that would justify an order. The Tribunal also rejected the applicants' allegations of intimidation and financial ruin, finding that the proceedings were a legitimate exercise of the respondents' rights. Consequently, the Tribunal dismissed the application and made no order.

The Tribunal dismissed the application and made no order. The applicants were not entitled to the relief they sought, and the Tribunal found no merit in their claims of intimidation and financial ruin. The decision confirms the limited scope of the Tribunal's powers under section 83(1) of the Strata Titles Act 1985 (WA) and the importance of legitimate use of legal processes in strata disputes.