I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

State Administrative Tribunal (WA)|2020-05-06

For the reasons set out above, the Tribunal will issue an order as follows.

The Tribunal orders:
1. Pursuant to s 81 of the Strata Titles Act 1985 (WA), save as is provided in order 2 hereof, the application is dismissed.
2. Pursuant to s 83(1) of the Strata Titles Act 1985 (WA), The Owners of 63 Temple Street Victoria Park Strata Plan 36070 (the strata company and first respondent) must by 30 May 2020, or within 14 days after Tomasz Jacek Dworakowski (applicant) has paid all money properly levied against him by the strata company, whichever later occurs, pay to the applicant the sum of $343.40 in settlement of the dispute concerning Hilton Plumbing & Electrical's invoice INV-12737 dated 7 December 2018.

I certify that the preceding paragraph(s) comprise the reasons for decision of the State Administrative Tribunal.

Administrative Tribunal Act 2004

Titles General Regulations 1996

DWORAKOWSKI and THE OWNERS OF 63 TEMPLE STREET VICTORIA PARK STRATA PLAN 26070 [2020] WASAT 45 (6 May 2020)

Banning and The Owners of Terrace Place Strata Plan 9704 [2019] WASAT 89

Clark and The Owners of Waterfront Mews Strata Plan 14082 [2011] WASAT 110

Drexel London (a firm) v Gove (Blackman) [2009] WASCA 181

Gawor and The Owners of Dawesville Caravan Park Strata Plan 14644 [2015] WASAT 60

Sisto and The Owners of Glenway Gardens Apartments [2005] WASAT 282

Stann and The Owners of Beau Vista Strata Plan 12008 [2012] WASAT 227

The Owners of Mandurah Terrace Apartments Strata Plan 17133 and Russell [2009] WASAT 1

Trevallyn-Jones v Owners Strata Plan No 50358 [2009] NSWSC 694

Wong v Reid [2016] WASC 59

The obligation to 'properly maintain' has, in another statutory context, been held to give rise to an absolute obligation of the kind contended for by the injured claimants: Galashiels Gas Co Ltd v O'Donnell [1949] UKHL 2; [1949] AC 275; Hamilton v National Coal Board [1960] 2 WLR 313. In both cases the expression was contained in legislation imposing specific safety obligations on employers. In Galashiels, the expression 'maintained' was defined in the relevant legislation to mean 'maintained in an efficient state, in efficient working order and in good repair'. Lord MacDermott in Galashiels at 286 noted that the word 'maintain' when used in relation to the state or condition of things is not always used in the same sense. It may be used to indicate the continuance of a particular state or condition or it may mean acts done or required to be done in the course of maintenance. In the latter context, maintain means service, look after or attend to. The House of Lords construed the term in the former sense with the consequence that any cessation in the efficient working order of plant in question established a breach. The effect was that the employer warranted that the equipment it was obliged to maintain would never be out of working order (see Hamilton (316)).

When regard is had to the multiple purposes in s 35(1)(c), it is clear that the legislature did not intend for a strata company to guarantee a continuous outcome or standard. The term 'maintain' is used in the second sense identified by Lord MacDermott in Galashiels, being the process that involves acts of maintenance with the object of continuing the statutory standard, which in this case is that the common property be in good and serviceable repair.

DWORAKOWSKI and THE OWNERS OF 63 TEMPLE STREET VICTORIA PARK STRATA PLAN 26070 [2020] WASAT 45 (6 May 2020)

At a glance

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Judgment (3 paragraphs)

Legislation Cited (3)

Cases Cited (11)

DWORAKOWSKI and THE OWNERS OF 63 TEMPLE STREET VICTORIA PARK STRATA PLAN 26070 [2020] WASAT 45 (6 May 2020)