Yardy v Owners Corporation SP 57237

The matter before the court was between Yardy and Owners Corporation SP 57237. The Applicant, Yardy, sought to challenge the validity of a by-law prohibiting pet ownership within the strata scheme managed by the Respondent. The dispute arose from a blanket prohibition on pet ownership introduced by the Respondent in 2009, which Yardy argued was harsh, unconscionable and oppressive in breach of the Strata Schemes Management Act 2015. The Applicant sought to have the by-law declared invalid and to be allowed to keep his pet, a small Maltese Cross terrier named Baxter, in his unit and on the common property.

The legal issues the court was required to decide included whether the blanket prohibition on pet ownership was harsh, unconscionable and oppressive in breach of the Act, and whether the Applicant was entitled to be allowed to keep his pet in his unit and on the common property. The court had to consider the relevant provisions of the Act, including sections 139(1), 150(1), 157(1), 229 and 231, as well as relevant case law.

The court found that the blanket prohibition on pet ownership was harsh, unconscionable and oppressive in breach of section 139(1) of the Act. The court held that the by-law was invalid because it was disproportionate and unreasonable, and did not take into account the individual circumstances of each pet owner. The court also found that the Applicant was entitled to be allowed to keep his pet in his unit and on the common property, as the by-law did not serve a legitimate purpose and was not reasonably required in the interests of the owners or occupiers of the building. The court declared the by-law invalid, revoked it and revived the terms of the by-law as in place prior to 2009. The court also declared that the Applicant may keep his pet in his unit and on the common property, and ordered that he may immediately commence to do so. The court made orders for costs and directed that any application for costs be determined on the papers.