The Owners of St John's Court - Rivervale Strata Plan 6052 and Clark (No 2)

The Owners of St John's Court - Rivervale Strata Plan 6052 brought an application against Clark, seeking removal of an air-conditioning unit fixed to common property and other relief. The State Administrative Tribunal of Western Australia heard the case, which involved disputes under the Strata Titles Act 1985 (WA) concerning the management of strata property and the authority needed for alterations. The key issues the Tribunal had to decide were whether the strata company unreasonably refused consent for alterations to common property, whether a license should be granted for the air-conditioner, and if the lot was incapable of reasonable use and enjoyment without the air-conditioner. The Tribunal also needed to determine if the application was vexatious or frivolous and whether costs should be awarded.

The Tribunal initially made a decision but later realised it had not considered all relevant documents. It cited relevant legal precedents and, with the consent of the parties, decided to make a fresh determination. The Tribunal rejected claims that the proceedings were frivolous, noting that statutory approval was not needed for the air-conditioner's installation. It found that the strata company did not act unreasonably in refusing consent and that the application under section 85 was not appropriate as it was made post facto. Regarding the section 94 application, the Tribunal held that the lot owners had not proven that the lot was incapable of reasonable use without the air-conditioner, as they failed to provide necessary evidence. The Tribunal also dismissed maintenance claims, except for one unresolved issue about a landing's nosing. The Tribunal ruled that the application for costs was misconceived under section 81(7) of the Act.

The Tribunal made several orders, including dismissing the application for the removal of the air-conditioner, denying the counter-application for consent to install another air-conditioner on the roof, and dismissing the application for costs. The Tribunal left the unresolved maintenance issue to be addressed at a general meeting of the strata company.