CIVIL PROCEDURE – Civil Procedure Act 2005 (NSW) ss 149B, 149E – Application for transfer of proceedings instituted in this Court to the Land and Environment Court of New South Wales for the predominant purpose, not of seeking the substantive relief claimed in this Court, but of transferring the proceedings to that Court to have the outcome that that Court will have jurisdiction with respect to issues having arisen in [...]
COSTS---s 60(1)-(3) Civil and Administrative Tribunal Act 2013---Special circumstances---Whether established The Owners-Strata Plan No 53865 v JPG Investments Pty Ltd (No 2) [2024] NSWCATAP 67 (30 April 2024)
COSTS — appeals — whether the Tribunal erred in not finding special circumstances and ordering costs after the Respondent, in substance, consented to the relief sought by the Appellant, the Applicant below — failure to consent to the Appellant’s proceedings earlier was not unreasonable — the Tribunal did not err in not finding special circumstances and not awarding costs in favour of the Appellant — whether the order of the [...]
COSTS – no real and genuine element of compromise in a Calderbank letter sent prior to the appeal hearing – indemnity costs refused – exercise of discretion under r 38A where one party largely successful in the appeals – no disentitling conduct or other factors to warrant a departure from the principle that costs follow the event. Casey v Renfay Projects Pty Ltd; Casey v The Owners - Strata Plan [...]
COSTS – Costs assessment – Determination – Mixed results – Parties succeeding and failing in both claims and cross claims – Intent to find just and equitable costs solution to whole of the proceedings Perpetual Corporate Trust Ltd v Owners Corporation SP6534; El Khouri v Owners Corporation SP6534 (No 2) [2024] NSWSC 358 (8 April 2024)v
APPEAL – costs order – denial of procedural fairness – failure to deal with objection to extension of time to make costs application - no opportunity to make submissions Lenux v The Owners - Strata Plan No 88786 [2024] NSWCATAP 46 (26 March 2024)
LAND LAW – Strata Schemes Management Act 2015 – By-law regulating installation of air conditioning and permitting strata committee to approve – whether by-law protecting amenity of other lot owners is harsh oppressive or unconscionable ADMINISTRATIVE LAW – construction of by-law – principles applicable – circumstance in which extrinsic material may be relied on to determine meaning Hunt v The Owners - Strata Plan No 1158 84199 [2024] NSWCATAP 65 [...]
JUDGMENTS AND ORDERS - enforcement – garnishee order – attachment of debts – Civil Procedure Act 2005, s 117 the plaintiff, a managing agent holds funds collected from the tenants of the second defendant, the owner of units in a residential and commercial building, on trust for the second defendant pursuant to a management agency agreement – the owners corporation of the strata plan of the building, the third defendant, [...]
CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – PURCHASER’S REMEDIES – BREACH OF VENDOR’S STATUTORY DISCLOSURE OBLIGATIONS – where real estate agent prepared disclosure statement – where there is no committee, secretary, body corporate manager, administrative fund or sinking fund –where disclosure statement states “N/A” – where buyers terminate a contract under s 206of the Body Corporate and Community Management Act 1997 – whether the disclosure statement is substantially complete within the [...]
STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – whether application is a complex dispute as defined by the Body Corporate and Community Management Act 1997 within the Tribunal’s jurisdiction – whether application was brought against the proper respondent – whether misconceived and ought to be dismissed Body Corporate and Community Management Act 1997 (Qld), s 14, s 47AA, s 47B, s 133, s 149A, s [...]
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