The decision said Theta imposed new rules at Empire, seeking to charge a refundable deposit of about $2500 for an access card. But Wu refused and took Theta to court, also representing several other owners.
Chief Justice Sian Elias, Justice Susan Glazebrook and Justice Andrew Tipping ruled there was nothing in the body corporate rules or the law that allowed Theta to make those new rules. There is a natural right of access attached to a unit-holder's title, the decision said.
Grimshaw backed that.
"The decision was the right one. While many of the owners leased their units to the management company, who in turn leased the units to students, other owners such as Mr Wu chose to lease direct to students, thereby cutting out the middle man - the management company," he said.
"Even though some owners like Mr Wu did not utilise the services of the management company, that company still sought to impose its informal rules on owners such as Mr Wu. Those rules included paying a security deposit as condition of access.
"The court held that those informal rules were so significant that, if they were to have effect, they needed to be included in the body corporate rules," he said.
"Therefore the court held that denying Mr Wu access amounted to trespass on the part of the body corporate and the management company, as they denied Mr Wu access to the common property."
