The Owners - Strata Plan No. 13631 v McGrath (No 1)

The Owners - Strata Plan No. 13631 brought a judicial review application against a decision of a member of the NCAT, seeking relief in relation to a dispute over strata fees. The respondent, McGrath, contested the application. The court had to determine whether the NCAT member's decision was legally sound and whether the proposed relief was appropriate.

The court had to consider whether the relief sought was discretionary, and if so, whether it was appropriate to grant it. The court noted that the parties had agreed that the relief sought should be granted. However, the court was still required to exercise its discretion and ensure that the relief was appropriate in the circumstances. The court also had to consider whether the NCAT member's decision was legally sound and whether there were any errors of law.

After considering the submissions of both parties and the relevant legal principles, the court concluded that the NCAT member's decision was legally sound and that the relief sought was appropriate. The court found that the relief was discretionary and that it was appropriate to grant it in the circumstances. The court made the orders sought by the applicant, setting aside the NCAT member's decision and substituting its own orders.

The court made orders setting aside the NCAT member's decision and substituting its own orders. The court also ordered that the respondent pay the applicant's costs of the application on an indemnity basis. The court found that the NCAT member's decision was legally sound and that the relief sought was appropriate. The court exercised its discretion to grant the relief and made the orders sought by the applicant.