Wheeler & Smith v Body Corporate for Calypso Towers & Anor

The applicants, Wheeler & Smith, appealed against the decision of an Adjudicator who ordered the lodgement of an amended Community Management Statement, reallocating certain exclusive spaces to the second respondent. The matter came before the tribunal where the applicants had filed an application for leave to appeal and an appeal against the Adjudicator's decision. The applicants also filed an application to stay the operation of the decision, which was ultimately refused by the tribunal. The applicants did not file submissions or evidence on the causation of any material detriment as a result of the refusal of the application to stay. Additionally, the applicants did not file meaningful submissions on whether the balance of convenience favoured the grant of the stay.

The primary legal issue before the tribunal was whether the application to stay should be granted. The tribunal considered the applicants' failure to file submissions or evidence on the causation of any material detriment as a result of the refusal of the application to stay. The tribunal also considered the applicants' failure to file meaningful submissions on whether the balance of convenience favoured the grant of the stay. The tribunal concluded that the application to stay should be refused due to the applicants' failure to properly substantiate their application.

The tribunal reasoned that the applicants' failure to file submissions or evidence on the causation of any material detriment as a result of the refusal of the application to stay meant that the tribunal could not properly assess the merits of the application. Additionally, the tribunal found that the applicants' submissions on the balance of convenience were not meaningful and did not provide sufficient grounds for the grant of the stay. The tribunal held that the application to stay should be refused as the applicants had not met the required standard of proof. The tribunal refused the application to stay the decision dated 4 June 2015 in application BCCM0241-2015.