Wise v Owners of Argosy Court Strata Plan 21513

Wise and the Owners of Argosy Court Strata Plan 21513 were before the court in a dispute concerning the removal of unsafe buildings that were part of the common property of the strata plan. The owners had refused to vacate the buildings despite a notice from the Shire, leading to the strata company seeking to remove them. The case was an appeal from the State Administrative Tribunal, focusing on jurisdictional issues and the interpretation of statutory provisions.

The legal issues before the court included whether the dispute involved a question as to the title to land, which would exclude the Tribunal's jurisdiction under section 121 of the Strata Titles Act 1985 (WA). Another issue was whether the strata company had the power to remove the buildings under section 39 of the Act. The court also had to determine the meaning of 'work' in section 39, whether the work involved disposing of common property, and if the disposal was prohibited without compliance with section 19 of the Act. Additionally, the court considered whether leave to appeal should be granted.

The court found that the dispute did not involve a question as to title to land, thus the Tribunal had jurisdiction. The removal of the buildings was considered 'work' under section 39, but it did not involve disposing of common property, thus compliance with section 19 was not required. The court held that the strata company had the power to remove the buildings. Given these findings, the court refused leave to appeal and dismissed the appeal.

The final orders of the court were to refuse leave to appeal and to dismiss the appeal, leaving the decision of the State Administrative Tribunal intact.