Wong v Reid

Case [2016] WASC 59
Judgment

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WONG -v- REID [2016] WASC 59



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASC 59
Case No:GDA:11/201522 FEBRUARY 2016
Coram:BEECH J29/02/16
14Judgment Part:1 of 1
Result: Leave to appeal refused
B
PDF Version
Parties:OLIVER WONG
JEANNE REID

Catchwords:
Real property
Strata scheme
Lot owner built wall on common property without consent of all other lot owners
State Administration Tribunal order to take down the wall
Whether Tribunal erred in law
Turns on own facts

Legislation:
State Administration Tribunal Act 2004 (WA), s 105
Strata Titles Act 1985 (WA), s 35, s 81, s 83

Case References:
Paridis v Settlement Agents Supervisory Board [2007] WASCA 97; (2007) 33 WAR 361
Western Australian Planning Commission v Questdale Holdings Pty Ltd [2016] WASCA 32

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : WONG -v- REID [2016] WASC 59 CORAM : BEECH J HEARD : 22 FEBRUARY 2016 DELIVERED : 29 FEBRUARY 2016 FILE NO/S : GDA 11 of 2015 BETWEEN : OLIVER WONG
    Applicant

    AND

    JEANNE REID
    Respondent

ON APPEAL FROM:

Jurisdiction : STATE ADMINISTRATIVE TRIBUNAL OF WESTERN AUSTRALIA

Coram : MR T CAREY (MEMBER)

File No : CC 383 of 2013


Catchwords:

Real property - Strata scheme - Lot owner built wall on common property without consent of all other lot owners - State Administration Tribunal order to take down the wall - Whether Tribunal erred in law - Turns on own facts

Legislation:

State Administration Tribunal Act 2004 (WA), s 105


Strata Titles Act 1985 (WA), s 35, s 81, s 83

Result:

Leave to appeal refused


Category: B


Representation:

Counsel:


    Applicant : In person
    Respondent : No appearance

Solicitors:

    Applicant : In person
    Respondent : No appearance



Case(s) referred to in judgment(s):

Paridis v Settlement Agents Supervisory Board [2007] WASCA 97; (2007) 33 WAR 361
Western Australian Planning Commission v Questdale Holdings Pty Ltd [2016] WASCA 32



1 BEECH J: Mr Wong seeks leave to appeal against a decision of the State Administrative Tribunal (the Tribunal) requiring him to remove a wall he constructed on common property in a strata scheme and to arrange for the reconstitution of a garden on the common property which it found he had removed.

2 For the reasons that follow, I would not grant leave to appeal.




Background

3 Mr Wong and the respondent, Mrs Reid, each own units in a four lot strata scheme in Como. Mr Wong owns unit 2 and Mrs Reid unit 1. On 6 March 2015, Mr Wong commenced works to construct a brick wall and Colourbond fence on common property adjoining unit 2. The effect of the…

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Details
AGLC
Wong v Reid [2016] WASC 59
Case
[2016] WASC 59
Decision Date

CaseChat Overview and Summary

The case of Wong v Reid involved a dispute between the applicant, Wong, and the respondents, Reid and other owners of lots in a strata scheme. Wong built a wall on common property without obtaining the consent of all other lot owners, as required by the strata scheme. The State Administration Tribunal subsequently ordered Wong to take down the wall. Wong sought to appeal this decision, arguing that the Tribunal had erred in law. The central legal issue before the court was whether the Tribunal had made an error of law in ordering Wong to dismantle the wall.

The court examined whether the Tribunal had properly interpreted and applied the relevant provisions of the Strata Titles Act. The Tribunal had determined that Wong's actions constituted a contravention of the strata scheme's rules, which required unanimous consent from all lot owners for any construction on common property. The court found that the Tribunal's interpretation of the Act was correct and consistent with its purpose, which is to ensure harmonious coexistence among lot owners in a strata scheme. The court also noted that the evidence supported the Tribunal's finding that Wong's construction of the wall had adversely affected the respondents' enjoyment of the common property.

Consequently, the court held that the Tribunal had not erred in law and dismissed Wong's appeal. The order of the Tribunal to remove the wall was upheld. The court also refused Wong leave to appeal to a higher court. This decision reinforces the importance of adhering to strata scheme rules and obtaining necessary consents for construction on common property.

Orders

Orders of the court

Leave to appeal refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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