Zhang v Glykis

Zhang v Glykis was a dispute in the Supreme Court of Queensland between two strata lot owners, Zhang and Glykis. The conflict arose from noise complaints Zhang made regarding the noise emanating from Glykis's unit. Zhang claimed that Glykis was in breach of the strata by-laws and statutory requirements designed to prevent noise transmission. The central legal issues before the court were whether Glykis's actions constituted a breach of the by-laws and if the floor coverings in Glykis's unit were adequate to prevent noise transmission that could disturb Zhang's unit.

The court examined the legislative framework and by-laws applicable to strata titles. It found that the by-laws did not explicitly impose a requirement on floor coverings to prevent noise transmission. The court also noted that the legislation did not confer such a function on the by-laws. Instead, the by-laws and the relevant statutory provisions aimed to address noise disturbances in a broader sense. The court held that the by-laws were not breached because the floor coverings did not need to be of a specific type to prevent noise transmission as long as they were sufficient to reduce noise likely to disturb another lot owner or occupier. Consequently, the court dismissed Zhang's application, finding that Glykis had not breached the by-laws. The court also ordered that each party bear their own costs.