The Law of Tendering: A Hidden Trap for Strata Corporations?

The author examines legal issues arising from invitations to tender and recommends precautions to reduce the risk of liability to disappointed bidders.

A review of the Privacy Commissioner’s order on a complaint by a homeowner against an insurance company that used information from his credit report in assessing insurable risk without his consent. The insurer was ordered to review its client files to determine if other policyholders had consented to the use of their credit reports by the insurer. The court held that the Privacy Commissioner had breached the duty of procedural fairness by imposing an order that applied to other policyholders when the consent of other policyholders was not an issue.

Given the costs and complexities of litigation, Wong v. AA Property Management Ltd. is an important decision because it helps to narrow and clarify the issues for which an owner can file a claim against strata council members, other owners, property managers and strata corporations.

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