Strata Titles Act 1985 (WA) – Application by strata company for enforcement of scheme conduct by-laws where no written notice given – Whether contravention has had serious adverse consequences – Whether particular scheme conduct by-law contravened on at least three separate occasions – Onus of proof – Whether first respondent is an occupier of a lot in the strata scheme – Whether application should be dismissed – Failure of witnesses to attend hearing – Discretion of [2023] WASAT 38 Tribunal to make orders – Turns on own facts
The Owners of John Place Strata Plan 9068 and Kozak [2023] WASAT 38 (22 May 2023)