Wade v The Owners - Units Plan No 1758 (Unit Titles)

The matter involved an application by a unit owner, Wade, against the owners of a strata titled property, Owners - Units Plan No 1758. Wade sought an order to prevent the owners from taking certain actions that would have a detrimental effect on her unit's use and enjoyment. The dispute was heard in the Victorian Civil and Administrative Tribunal. The central legal issues that the Tribunal needed to address included whether the proposed actions by the owners would unreasonably affect Wade's unit, and if there was any provision in the Unit Titles (Management) Act 2011 that permitted the Tribunal to intervene in the matter. The Tribunal found that the actions proposed by the owners did not constitute an unreasonable interference with Wade's unit. The Tribunal also determined that it lacked the authority to intervene in this instance as the actions did not fall under the specific provisions of the Act that would permit such intervention. Consequently, the application by Wade was dismissed.