Walker v The Owners - Strata Plan No 1992 [2020] NSWCATAP 192

Walker v The Owners - Strata Plan No 1992 [2020] NSWCATAP 192

A lot owner is entitled to inspection of the owners corporation’s levy register pursuant to the statutory scheme in the Strata Schemes Management Act 2015 and accompanying regulations, and privacy concerns do not provide grounds to refuse inspection. The Tribunal's refusal based on privacy and sufficiency of previously supplied documents was erroneous.

Parties
Appellant: Craig Walker; Respondent: The Owners - Strata Plan No 1992
Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal upheld
Legal Topics
Inspection of Records, Financial Management of Owners Corporations, Strata Schemes Management Act, Tribunal Procedure Appeals
Strata Law Administrative Law Inspection of Records Financial Management of Owners Corporations Strata Schemes Management Act Tribunal Procedure Appeals

Case Brief

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Parties

Craig Walker

Appellant

The Owners - Strata Plan No 1992

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the appellant, as a lot owner, is entitled to inspect the levy register under the Strata Schemes Management Act 2015 and related regulations
  2. 2 Whether privacy considerations prohibit such inspection
  3. 3 Whether the Tribunal correctly exercised its discretion to refuse inspection under s 188

Ratio Decidendi

A lot owner is entitled to inspection of the owners corporation’s levy register pursuant to the statutory scheme in the Strata Schemes Management Act 2015 and accompanying regulations, and privacy concerns do not provide grounds to refuse inspection. The Tribunal's refusal based on privacy and sufficiency of previously supplied documents was erroneous.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld
  • The order dismissing the application is set aside