Strata title scheme – Exclusive use by-laws – Proper construction of s 43 of the Strata Titles Act 1985 (WA) – Whether relevant by-law in strata titles scheme is an exclusive use by-law – Whether by-law confers exclusive use and enjoyment of, or special privileges over, the common property – Whether by-law refers to specified lot or lots in the strata titles scheme – Asserted inconsistency between by-laws – Whether orders of Tribunal consistent with proper construction

The Owners Of Dolphin Apartments Mandurah Strata Plan 49518 v Poland Superannuation Pty Ltd [2023] WASC 452 (28 November 2023)