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10/10/2020 at 9:12 am
#52371
Another Tribunal decision which enabled a strata company to withhold “private” strata records from an owner successfully appealed.
http://www.austlii.edu.au/cgi-<wbr />bin/viewdoc/au/cases/nsw/<wbr />NSWCATAP//2020/192.html
Walker v The Owners – Strata Plan No 1992 [2020] NSWCATAP 192 (16 September 2020) at 46
Properly construed, if an applicant establishes a right to access information under the SSM Act, as we have found in this case, then there is generally no discretion enlivened other than with respect to the “manner in which the information is to be supplied or made available” to an applicant under sub-s (3). We say that the discretion is generally not enlivened because absent a reason to relieve the owners corporation from the mandatory obligation to give access under s 182, the Tribunal should make an order under s 188(1) (ie. supply information) or under s 188(2) (ie. supply or make available a record or document). The use of the word “may” in s 188 suggests that the Tribunal may refuse to make an order under s 188(1) or (2) in some circumstances. In our view, there was no reason for the Tribunal to refuse to make such an order in the circumstances of this matter.