Just on a quick read of that case report (not the actual case), it seems as if the appeal went in favour of the owner to have the balustrades replaced because “… the unsafe nature of the balustrade was obvious or patent and, even more importantly, the owners’ corporation knew or should have known that the balustrade was unsafe“.
So if you have not had a safety report or notice from Council indicating that your balustrades do not meet the current code, then your OC may have an argument. The way to turn this in your favour would be to either ask the engineer that does your building’s next safety report to comment on the balustrade compliance or even to commission your own report and submit that to your Strata Manager.
Phil (not-a-lawyer)