The Owners of Habitat 74 Strata Plan 222 v Western Australian Planning Commission & Ors

This case involved a claim for compensation for the compulsory resumption of a portion of the common property in a strata plan by the Western Australian Planning Commission (WAPC). The question of who is entitled to the compensation was contested, with the strata company, The Owners of Habitat 74 Strata Plan 222, claiming it was entitled to the compensation, or alternatively, that it held the compensation on trust for the individual proprietors. The court held that the individual proprietors of lots in the strata plan at the date of resumption were entitled to the compensation. The court found that the resumption converted the proprietors' interest in the land into a personal right to compensation and that the common property was not converted into personal property. The court also found that the strata company had the power to bring proceedings on behalf of the proprietors but did not hold any proprietary interest in the compensation. The court ordered that the compensation be held by the strata company for distribution to the entitled proprietors and that the company take steps to identify and notify all entitled proprietors of the compensation.