A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Tuesday, 3 February 2015
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Executive Summary (One Minute Read)
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| Tipene v The Owners Strata Plan 9485 (WASC) - strata titles - State Administrative Tribunal had no jurisdiction to determine application under s103FStrata Titles Act 1985 (WA) - appeal dismissed |
| Summaries With Link (Five Minute Read) |
Tipene v The Owners Strata Plan 9485 [2015] WASC 30
Supreme Court of Western Australia
Corboy J
Strata titles - parties owned townhouses which formed two buildings - registered proprietors of nine lots under strata plan formed strata company - appellants were registered proprietors of lots in building B - appellants sought approval from strata company to demolish building B and contract new townhouses - respondents were registered proprietor of lots in Building A - respondents objected to application - State Administrative Tribunal dismissed application for order under s103F Strata Titles Act 1985 (WA) that approval for purpose of s7(2) STA be deemed to have been given by strata company - SAT claimed it did not have jurisdiction to make order as redevelopment proposal required building B to be demolished -held: SAT did not have jurisdiction over application because of effect that demolition of a building that formed boundaries or part of the boundaries of a lot would have on proprietary interests of lot owners who comprised affected strata scheme - appeal dismissed.
Tipene |
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