Background:
The Owners, Strata Plan BCS 2884 ("the petitioner"), sought court approval under Section 173(2) of the Strata Property Act to impose a special levy of $3.9 million for building maintenance repairs. The repairs included critical safety issues like concrete spalling and window wall screen attachment, as well as preventative work to reduce future costs and risks.

Legal Issues:
The key issues were whether:

1. The petitioner met the threshold for court approval of the special levy under Section 173.
2. The court should exercise its discretion to approve the levy resolution despite objections.

Court's Analysis and Decision:
The court found the proposed repairs necessary to address safety risks and prevent significant loss or damage. Deference was given to the strata council's decision based on professional advice from LDR Engineering Group. The court ruled that the respondents' engineering reports failed to disprove the necessity of the proposed repairs. Discretion was exercised in favor of approving the levy, as the strata corporation acted in good faith and reasonably relied on expert advice.

Remedy and Award:
The court approved the levy with revised payment dates to avoid immediate default by unit owners. Each party was ordered to bear its own costs, reflecting the significant financial implications of the case.

Outcome:
The petitioner succeeded in obtaining court approval for the levy, enabling necessary repairs to proceed. The total levy amount was $3,925,670. Each party bore its own legal costs.