Tipene and the Owners Of Strata Plan 9465

The case of Tipene and the Owners of Strata Plan 9465 was heard in the Civil and Administrative Tribunal of Western Australia, where Tipene, the appellant, sought approval for alterations to the strata lot. The proposed changes included the removal of external walls and the roof of an existing building, followed by the construction of new walls and a roof in different locations. The respondents, the owners of the strata plan, objected to the changes, arguing that they would not comply with statutory requirements.

The central legal issue before the tribunal was whether the proposed alterations could be approved under section 7 of the Strata Titles Act 1985 (WA). The tribunal also had to determine whether the requirements of section 7B of the Act and regulation 34 of the Strata Titles General Regulations 1996 (WA) had been met. Furthermore, the tribunal needed to assess if it had the discretion not to make an order under section 103F of the Act.

The tribunal considered the evidence and submissions presented by both parties. It found that the proposed alterations did not comply with the statutory requirements, as they would result in the creation of a new lot and the alteration of the boundaries of the existing lot. The tribunal held that the requirements of section 7B and regulation 34 were not satisfied, and that there was no discretion to make an order under section 103F. Consequently, the tribunal dismissed the application.