Court of Appeal win for bodies corporate

In the recent Court of Appeal decision of Miles & Anor v Gough & Ors [2017] QCA 190, the Court heard an appeal against a decision of Senior Member Brown in the Queensland Civil and Administrative Tribunal.

The decision of her Honour Chief Justice Holmes is an important decision for those involved in the strata industry, because it deals with s167(b) of the Body Corporate and Community Management Act 1997, and whether the installation of an awning by sub-penthouse owners, constituted an unreasonable interference with the use or enjoyment of the penthouse lot, in circumstances where there had been some loss of views.

Her Honour’s decision is also an important reminder to those lawyers amongst us, that when an appeal can only be brought on an error of law, that careful consideration should be given to identifying exactly what error or errors of law are being relied upon.

Ultimately her Honour, with their Honours Justice Gotterson and Justice Boddice agreeing, refused the application for leave to appeal with costs.