Byrne v The Owners of Ceresa River Apartments Strata Plan 55597

[2016] WASC 153

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Strata titles - Where appellant had been renting out apartment for short-term accommodation - Where State Administrative Tribunal concluded that short-term letting contravened strata scheme by-laws - Appeal to Supreme Court - Whether Tribunal member erred in interpretation of by-law - Where Tribunal member erred in treating by-law as subsidiary legislation - Where error of law did not affect outcome - Appeal dismissed
1. Appeal from State Administrative Tribunal - Whether appeal on a question of law - Identification of question of law for purposes of State Administrative Tribunal Act 2004 (WA) s 105(2) - Whether relevant question of law should be set out in appeal notice - Whether ordinary meaning of word is a question of law
1. Strata Titles Act 1985 (WA) - Where default by-laws under s 42 of Act replaced by by-laws created by management statement - Whether by-laws created by management statement are subsidiary legislation or statutory contract - Interpretation Act 1984 (WA) s 5 - Whether by-laws made by management statement have legislative effect - Strata plan by-laws made by management statement are statutory contract not subsidiary legislation
1. Contractual interpretation - Principles applicable to the interpretation of statutory contracts - Whether ordinary rules of contractual construction are modified - Whether terms used in strata plan by-laws made by management statement should be given the meaning they bear in Strata Titles Act 1985 (WA)