REAL PROPERTY – STRATA AND RELATED TITLES MANAGEMENT AND CONTROL – BYLAWS – CONTROL OF OR RESTRICTION ON USE OF LOTS – respondent passed a by-law that purported to prevent lot owners renting out their lots for less than one month at a time – respondent contended that pre-existing by-laws had that effect – whether by-laws were within the scope of the body corporate’s powers – whether by-laws restricted the devolution of lots by preventing an owner from leasing or otherwise renting out lots on a short-term basis – whether by-laws were valid
REAL PROPERTY – STRATA AND RELATED TITLES MANAGEMENT AND CONTROL – BYLAWS – CONTROL OF OR RESTRICTION ON USE OF LOTS – respondent passed a by-law that purported to prevent lot owners renting out their lots for less than one month at a time lots were permitted to be used for “residential purposes” – whether the leasing or renting of lots on a short-term basis falls within the scope of “residential purposes” – whether by-laws valid
2
REAL PROPERTY – STRATA AND RELATED TITLES MANAGEMENT AND CONTROL – BYLAWS – CONTROL OF OR RESTRICTION ON USE OF LOTS – respondent passed a by-law that purported to prevent lot owners renting out their lots for less than one month at a time – whether by-law was unreasonable or oppressive
COURTS AND JUDGES – COURTS – OTHER MATTERS – denial of natural justice – tribunal, having found by-laws to be otherwise valid, did not give the appellants the opportunity to call further evidence or make further submissions as to whether by-laws were unreasonable or oppressive – whether procedural fairness afforded to appellants
Building Units and Group Titles Act 1994 s 27, s 30, schedule 3
Uniform Civil Procedure Rules 1999 r 745, r 765
Byrne v Owners of Ceresa River Apartments Strata Plan 55597 (2017) 51 WAR 304, applied
O’Connor v Proprietors, Strata Plan No 51 [2018] 4 WLR 22, considered
Owners of Stata Plan No 3397 v Tate (2007) 70 NSWLR 344, applied
South Australia v Tanner (1989) 166 CLR 161, applied
Williams v Melbourne Corporation (1933) 49 CLR 142, applied

Redman v The Proprietors – Fairway Island [2020] QDC 68 (27 April 2020)