White City Investments Pty Ltd and the Owners Of 43 Kinsella Street Joondanna Strata Plan 14493

The applicants, White City Investments Pty Ltd and the Owners of 43 Kinsella Street Joondanna Strata Plan 14493, sought judicial review of by-laws enacted by the council of the Joondanna Strata Plan No 14493. The dispute centred around the validity of the by-laws, specifically those that amended the right to demand a poll vote based on unit entitlement. The applicants argued that the by-laws were invalid for several reasons, including inconsistency with the Strata Titles Act 1985 (WA), failure to observe other requirements, being passed in fraud of power, and not being made with regard to the interests of all proprietors.

The court was required to determine whether the by-laws were inconsistent with the Act, whether they failed to observe other requirements, whether they were passed in fraud of power, and whether they were not made with regard to the interests of all proprietors. The applicants contended that the by-laws were inconsistent with the Act, as they removed the right to demand a poll vote based on unit entitlement. They further argued that the by-laws failed to observe other requirements, were passed in fraud of power, and were not made with regard to the interests of all proprietors. The council, on the other hand, maintained that the by-laws were valid and in accordance with the Act.

The court found that the by-laws were inconsistent with the Act and failed to observe other requirements. It held that the by-laws were passed in fraud of power and were not made with regard to the interests of all proprietors. The court found that the by-laws were inconsistent with the Act as they removed the right to demand a poll vote based on unit entitlement, which was a fundamental right of the unit owners. The court also found that the by-laws failed to observe other requirements, as they were not passed in accordance with the process outlined in the Act. Furthermore, the court held that the by-laws were passed in fraud of power, as they were not made with the proper intention and were instead made to benefit a particular group of unit owners. Finally, the court found that the by-laws were not made with regard to the interests of all proprietors, as they favoured a particular group of unit owners.

The court declared the by-laws invalid and of no effect. It further ordered that the election of the council be invalid and that a new election be held in accordance with the Act. The court also ordered that the council take steps to ensure that future by-laws are made in accordance with the Act and with regard to the interests of all proprietors. The court's decision provides important guidance on the validity of strata by-laws and the importance of ensuring that they are made in accordance with the Act and with regard to the interests of all proprietors.