WHOLLEY and THE OWNERS OF VIVIAN'S CORNER STRATA PLAN 45979

The parties involved in this case were Wholley, a specialist orthodontic practice, and The Owners of Vivian's Corner Strata Plan 45979, the strata company managing the property where Wholley was located. The dispute centred around Wholley's application to install a dental compressor unit and make structural alterations to their lot, as well as a proposal to make alterations to the ground floor concrete slab of the common property. The matter was heard in the Supreme Court of New South Wales.

The court had to determine whether the strata company unreasonably withheld approval for Wholley's proposal to install the dental compressor unit and make structural alterations. Additionally, the court needed to assess if the strata company unreasonably refused consent for the proposed alterations to the common property, specifically the ground floor concrete slab. The central legal issues involved the interpretation of the Strata Titles Act 1985 and the Strata Scheme Rules 2014, which govern the rights and obligations of lot owners and strata companies in a mixed residential and commercial strata scheme.

The court found that the strata company had unreasonably withheld approval for Wholley's proposal to install the dental compressor unit and make structural alterations. It was determined that the strata company's concerns about the impact of the proposed alterations on the common property were not unreasonable, but the refusal to grant approval was deemed unjustified. The court held that the strata company's refusal to consent to the proposed alterations to the common property, specifically the ground floor concrete slab, was also unreasonable. The court found that the strata company failed to consider the potential benefits of the proposed slab work and did not act in the best interests of the lot owners.

The final orders of the court included a declaration that the strata company unreasonably withheld approval for Wholley's proposal to install the dental compressor unit and make structural alterations, and that the strata company unreasonably refused consent for the proposed alterations to the common property, specifically the ground floor concrete slab. The court also ordered the strata company to approve Wholley's proposal and to consent to the proposed alterations to the common property within a specified time frame. Furthermore, the court ordered the strata company to pay Wholley's costs of the proceeding.