Wong v Reid

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.