The Owners Units Plan No 14 v Wright (Appeal)

The appeal heard by the Tribunal was between The Owners Units Plan No 14 and Mr Wright, concerning the management of a unit under the Unit Titles (Management) Act 2011. Mr Wright was the owner of a unit within the plan, and the Owners Corporation managed the common property of the unit title. The dispute arose when the Owners Corporation issued rule infringement notices to Mr Wright for failing to comply with fire rules. The Owners Corporation also sought various orders, including to allow them to bring the unit into compliance with the fire rules, for inspection of the unit, and for Mr Wright to pay an amount representing the increase in the Owners Corporation’s building insurance premiums due to the condition of the unit. Mr Wright appealed against the decision of the Original tribunal, which had largely found in favour of the Owners Corporation. The Tribunal was required to determine whether the Owners Corporation could make a general claim in respect of the dispute, whether orders should be made regarding the use of the unit, whether orders should be made for inspection of the unit, and whether orders should be made for Mr Wright to pay an amount representing the increase in the Owners Corporation’s building insurance premiums.

The Tribunal found that the Owners Corporation could make a general claim in respect of the dispute, even though rule infringement notices had been issued. The Tribunal also found that orders should be made as to the use of the unit which did not comply with fire rules, and for inspection of the unit to ensure compliance. However, the Tribunal found that there was insufficient evidence to support an order for Mr Wright to pay an amount representing the increase in the Owners Corporation’s building insurance premiums. The Tribunal set aside the order made by the Original tribunal on 8 April 2020, and confirmed the orders made by the Appeal tribunal on 5 November 2020. The Tribunal also treated the claim by the Owners Corporation under section 31 of the Unit Titles (Management) Act 2011 as a civil dispute claim, and extended the time to appeal the decision of the Original tribunal in relation to that claim. The Tribunal ordered Mr Wright to pay the Owners Corporation the sum of $7,765.