The Owners of Millpoint Strata Plan 11391 and and Ors

The Owners of Millpoint Strata Plan 11391 and others sought a court order for the reinstatement of common property, specifically the balcony outside the lot and the external walls of their lot, to their original design. The respondents had made unauthorised alterations, prompting this application. The matter was heard in the District Court of Western Australia.

The primary legal issue before the court was whether the unauthorised alterations constituted a breach of the Strata Titles Act 1985 (WA) and, if so, what remedy should be imposed. The court had to determine if the alterations were significant enough to warrant reinstatement to the original design and whether the proposed order for reinstatement was appropriate.

The court found that the respondents had indeed made unauthorised alterations, which breached the Act. It was held that such alterations were substantial enough to require reinstatement to the original design, except for a possible partial enclosure of the north-western section of the balcony, subject to approval by the strata council. The court considered it necessary to enforce compliance with the Act to preserve the integrity of the strata scheme. Therefore, the order was made for the respondents to reinstate the common property to its original design by a specified date. The application for costs was dismissed, as the court deemed it not appropriate to award costs in this instance.

The court's orders mandated the respondents to reinstate the common property to the original design by 15 April 2007, with specific conditions regarding the enclosure of the balcony. The orders were to remain in effect beyond the standard two-year period, as per the Act. The dismissal of the application for costs concluded the proceedings.