Case details

O'Connor (Senior) and others (Appellants) v The Proprietors, Strata Plan No. 51 (Respondent) (Turks and Caicos Islands)

Case ID: JCPC 2016/0027

Jurisdiction: The Court of Appeal of the Turks and Caicos Islands

Case summary

Issue(s)

Whether a bylaw prohibiting the letting of a condominium for less than a month constitutes an unlawful restriction on an owner’s right to lease his property.

Facts

The Pinnacle in Grace Bay ("the Pinnacle") is a luxury condominium development. The respondent ("Strata") is the statutory body corporate comprising the proprietors of all the strata lots at the Pinnacle which manages the Pinnacle. The appellants are registered proprietors of unit 102 and let the unit on short-term holiday lets.

Strata brought proceedings in the Supreme Court of the Turks and Caicos Islands alleging that the appellants’ holiday lettings were a breach of bylaws applicable to the Pinnacle. The relevant bylaws prohibited the letting of condominiums for periods shorter than 30 days’ duration and restricted the use of the lots to private residential use. The appellants contended that the bylaws unlawfully restrict the rights of owners to lease their lots in violation of section 20(4) of the Strata Titles Ordinance Cap 904 ("the Ordinance"). Ramsey-Hale dismissed the claim on 31 July 2014. Strata appealed to the Turks and Caicos Islands Court of Appeal, who allowed Strata’s appeal on 18 September 2014. The appellants now appeal to the Judicial Committee of the Privy Council.

Parties

Appellant(s)
  1. Frank O'Connor Senior
  2. Frank O'Connor Junior
  3. Robin O'Connor
Respondent(s)

The Proprietors, Strata Plan No. 51

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Briggs

Hearing start date

13 Nov 2017

Hearing finish date

13 Nov 2017

Watch hearing
13 Nov 2017 Morning session Afternoon session