The Owners - Units Plan No 1475 v Davidson

The Owners - Units Plan No 1475, acting through the Strata Community, sought an appeal against an order made by the ACT Civil and Administrative Tribunal (Tribunal) that required the appellant to provide the first respondent with access to the Corporate Register. The appeal was heard and determined by the Tribunal. The appellant's contention was that the order in question was an appealable order and that the Tribunal erred in its consideration of the merits of the appeal. The first respondent argued that the appeal was not properly before the Tribunal, as it was not filed within the statutory time limit, and further, that the appellant had failed to demonstrate any grounds for appeal.

The primary legal issue before the Tribunal was whether the appeal was properly before it, considering the time constraints for lodging an appeal and the grounds upon which the appeal was based. The Tribunal needed to determine if the appeal was within the time limit and if the appellant had valid grounds to contest the original order. The second issue was whether the original order requiring the appellant to provide access to the Corporate Register was correctly made, and if it was, whether the appellant had any valid reasons to contest it.

The Tribunal found that the appeal was indeed within the statutory time limit and that the appellant had presented sufficient grounds for the appeal. The Tribunal also found that the original order was not correctly made, as it did not consider the appellant's rights under the Unit Titles (Management) Act 2011. The Tribunal set aside the original order and ordered the first respondent to pay the appellant the sum of $1,691.75, comprising the appeal filing fee and transcript fees.

In conclusion, the Tribunal set aside the original order and directed the first respondent to pay the appellant the sum of $1,691.75. The Tribunal found that the appeal was properly before it, and the original order was incorrectly made. The Tribunal's decision provides clarity on the proper procedure for appealing orders made under the Unit Titles (Management) Act 2011 and the importance of considering the rights of all parties involved.