The Owners - Strata Plan No 69140 v Drewe

The Owners - Strata Plan No 69140 brought an action against Drewe, seeking a judicial review of a decision made by the tribunal. The dispute arose from a decision concerning the management of a strata scheme, specifically related to the application of the Strata Schemes Management Act 1996. The court was required to determine whether the tribunal had erred in law, and if the error led to an injustice that was more than arguable. The central issue was whether the tribunal's decision was subject to judicial review, given the availability of an alternative remedy under the Act.

The court examined the applicability of the alternative remedy provided by the Act, which could potentially address the alleged errors of law. The court found that the tribunal had indeed made errors in its decision-making process, which had resulted in an injustice to the plaintiff. The court held that the errors of law were significant enough to warrant a judicial review, even though an alternative remedy was available. The court reasoned that the availability of an alternative remedy did not preclude the court from exercising its jurisdiction if the errors of law led to an injustice that was more than arguable. The court found that in this case, the errors of law had indeed caused such an injustice.

The appeal was allowed, and the decision of the tribunal was quashed. The court ordered that the matter be remitted to the tribunal for reconsideration, taking into account the errors identified by the court. The tribunal was directed to provide a detailed written explanation of its decision-making process and to address the errors of law that had been identified. The court emphasised the importance of ensuring that tribunals adhere to proper legal principles when making decisions under the Strata Schemes Management Act 1996.