Building Construction
Administrator – Appointment
Cross-application by the parties regarding the appointment of the administrator of the owners corporation – creditor seeks the removal and replacement of the administrator whereas the owners corporation seeks to extend the time of his appointment – sections 173and 174 of the Owners Corporations Act 2006 (Vic).
Common Property – Damages/Changes to – Maintenance and Repair
Special Resolutions
Tsao v Owners Corporation SP 021983J (Owners Corporations) [2020] VCAT 1184 (22 October 2020)
Dispute Resolution Processes – Awarding Costs
Dispute Resolution – Consent Orders
Section 109 of the Victorian Civil and Administrative Tribunal Act 1998; Costs
Cross-application by the Applicants and the Respondent on costs pursuant to section 109(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), where the proceeding was dismissed save for the issue of costs.
Application by the Owners Corporation for unpaid fees and special levies struck before the Respondent became the owner of the subject Lot and unpaid by the previous owner; the sum payable by the Respondent at settlement reduced by the quantum of the unpaid fees and levies; the Respondent undertook to pay the outstanding fees and levies by a specified date post the settlement of its purchase of the lot, in consideration of the Owners Corporation forbearing to issue recovery proceedings; the Respondent failed to make payment; the Owners Corporation issued recovery proceedings; the Respondent counterclaimed alleging the special levies were not lawfully struck; held that the Respondent breached the agreement with the Owners Corporation without just cause; Counterclaim dismissed.
Lot owner in breach of Rules – alteration to common property – owners corporation acting in good faith and with due care and diligence – sections 5, 18, 139, 153 – 158, 162 – 165 & 167 Owners Corporation Act 2006 (Vic) – Shearman v Owners Corporation No 1 417405Y [2016] VSC 551 – urgent repairs – section 3
Residential Tenancies Act 1997 – sections 109, 115B & 115C Victorian Civil and Administrative Tribunal Act 1998
Owners Corporation PS29001K v Waks (Owners Corporations) [2020] VCAT 1068 (24 September 2020)
Principles applicable in contractual construction on a question of ambiguity: Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337.
Contractual construction principles apply to construing an order of the Tribunal: Shout Rocks Cafes Pty Ltd & Anor v City of Port Philip & Ors [2018] VSC 120; Livingspring v Ng [2007] VSC 9.
Tribunal’s power to conduct a collateral review of a previous consent order: The Big Apple Group Pty Limited v Melbourne City Council [2020] VSC 393. Found: no power vested in the Tribunal.
Whether resort to extrinsic material to resolve ambiguity of a Tribunal consent order amounts to a collateral review of the order. Found: such an enquiry amounts to a collateral review and is impermissible.
Whether a finding of no ambiguity in the Tribunal’s consent order can be made without conducting a collateral review of the consent order. Found: the conduct of an enquiry according to contractual principles of construction establishing no ambiguity, consistent with a plain reading, is within the power of the Tribunal; such enquiry does not amount to an impermissible collateral review.
Claim by lot owner for its removal from the owners corporation – Subdivision Act 1988 – sections 32, 32AE, 33 and 34D considered – consideration of what is just and equitable – lot and its relationship to the plan of subdivision previously considered – application dismissed.
Owners Corporation Act 2006; allegation by three lot owners that by replacing their front fence without the approval of the Owners Corporation, the fourth lot owner had breached Model Rule 5.2; whether a lot owner in lieu of the Owners Corporation, can bring an action against another lot to enforce the Model Rules; whether only the Owners Corporation can apply to VCAT under s153 of the Act requiring a lot owner to rectify an alleged breach of the Act, the Regulations or the Rules of the Owners Corporation.
Lai v Beilin (Owners Corporations) [2020] VCAT 771 (22 July 2020)
Manager – application for revocation of appointment – lot owner’s standing to make the application.
General meeting – short notice – its effect upon a resolution for the election of a committee.
Delegation of powers to chairperson – whether instrument of delegation was valid.
Authorising order – application to pursue the proceeding on behalf of the owners corporation – application refused. Contract of appointment of manager – clauses 2.2, 7.2, 7.8 in standard form.
Owners Corporations Act 2006 ss 14, 20, 21, 72(1), 119, 122.
Dysfunctional owners corporation; appointment of administrator; allegation of breaches of the Model Rules; claim for rectification of damage to the common property as a consequence of the breach of the Model Rules.
Administrator – Appointment
Body Corporate – Rules of Body Corporate
Common Property – Consent to Build on / Damages/Changes to Resolutions – Special Resolutions
Borik v Owners Corporation RP001439 (Owners Corporations) [2019] VCAT 1459 (29 October 2019)
APPEAL – Victorian Civil and Administrative Tribunal – Orders under Subdivision Act 1988, s 34D(1)(a) that owners corporation transfer part of common property to a lot owner in return for a payment assessed to be ‘fair market value’ – Whether Tribunal required to apply Spencer v Commonwealth (1907) 5 CLR 418 in assessing ‘fair market value’ of the land to be transferred – Whether Tribunal misapplied Spencer – Whether Tribunal had regard to irrelevant considerations – No real prospect of success on appeal – Leave to appeal refused – Subdivision Act 1988 (Vic), ss 32, 34A, 34D, Victorian Civil and Administrative Appeals Tribunal Act 1998 (Vic), s 130.
Acapulco Gold Pty Ltd v Wallis [2019] VSC 414 (21 June 2019)
Owners Corporation fees – whether the benefit principle applies – claim for restitution of that part of the fees from which the applicant allegedly obtained no benefit – “recurrent obligations” of the owners corporation – Owners Corporations Act 2006 ss 23, 46.
EQUITY – Constructive or resulting trust – Estate assets transferred by trustees to a beneficiary – Remaining beneficiaries claim the assets are held on trust for them – Whether power in the will to sell trust assets – Whether trust arises from involuntary transfer of assets – Black v S Freedman & Co (1910) 12 CLR 105 – Heperu Pty Ltd v Belle (2009) 76 NSWLR 230 – Sze Tu v Lowe (2014) 89 NSWLR 317 – Whether beneficiary took transfer of estate assets in breach of fiduciary duty owed as de facto trustee – Nolan v Nolan [2004] VSCA 109 (10 June 2004) – Paragon Finance plc v DB Thakerar & Co [1999] 1 All ER 400 – Parkview Qld Pty Ltd v Commonwealth Bank of Australia [2013] NSWCA 422 (11 December 2013) – Whether consideration for transfer of estate assets false – Whether assets received by beneficiaries for less than full value – Allegations of unconscionability and fraudulent concealment – Whether estate property later transferred to volunteers held on trust by them – Evidence Act 2008 (Vic) s 140 – Briginshaw v Briginshaw (1938) 60 CLR 336 – NOM v DPP & Ors (2012) 38 VR 618 – Where release entered by parties – Whether release effective to defeat the plaintiffs’ claim – Where relevant document destroyed or discovered after release – The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors (No 2) [2012] NSWSC 322 (5 April 2012) – MCT Dairies Inc v Probiotec Ltd [2009] FCA 1385 – Katsilis v Broken Hill Pty Co Ltd (1977) 18 ALR 181.
LIMITATION OF ACTIONS – Trustee liabilities – Allegations of fraud and unconscionable conduct – Laches and acquiescence – Delay – Knowledge of wronging – Limitation of Actions Act 1958 (Vic) ss 21, 27 – Reader & Ors v Fried & Ors [2001] VSC 495 (19 December 2001) – Orr v Ford (1989) 167 CLR 316.
ADMINISTRATION & PROBATE – Where no evidence of distribution of estate – Plaintiff beneficiaries seek order appointing trustee to investigate and administer estate – Where only estate asset sold in 1979 – Delay by plaintiffs – Lack of utility of orders sought.
Linke & Ors v Linke & Ors [2018] VSC 505 (04 September 2018)
CONTRACTS – Construction – Loan agreements between appellant and bank secured by mortgage over real property – Appellant failed to pay amounts to owners corporation – Bank paid owners corporation and debited amounts from loan account – Whether bank entitled to debit amounts before asking appellant for payment – Whether appellant was in default of loan agreements and mortgage by reason of failure to pay owners corporation.
UNCONSCIONABLE CONDUCT – Bank received demand from owners corporation for unpaid amounts in respect of secured property owned by appellant – Bank paid owners corporation and debited amounts from appellant’s loan account without notice – Whether bank’s conduct inconsistent with conduct in similar transactions – Whether breach of Code of Banking Practice 2013 – Whether bank failed to properly investigate appellant’s complaint – Whether bank acted unfairly in proceedings for debt and possession – Australian Securities and Investments Commission Act 2001 (Cth) s 12CB.
PRACTICE AND PROCEDURE – Leave to appeal – Where points in proposed grounds of appeal not raised before trial judge – Where success on proposed grounds would not impugn orders made by trial judge
Anderson v Westpac Banking Corporation (ABN 33 007 457 141) [2018] VSCA 226 (05 September 2018)
Subdivision Act 1998 s 34D(1)(a) – occupation by a lot owner a 22 m² parcel of common property for 10 years – orders by consent for transfer of fee simple in that parcel of common property by Owners Corporation land to lot owner – determination of fair market value.
Wallis v Acapulco Gold Pty Ltd Owners Corporations 2018 VCAT 1248 09 August 2018
Costs hearing; Offer of Settlement, Sections 112, 113, 114 Victorian Civil and Administrative Tribunal Act 1998; whether offer compliant with requirements of s 114; Costs, Section 109 Victorian Civil and Administrative Tribunal Act 1998; discretionary considerations.
Owners Corporation 1 PS611240X v Brady (Owners Corporations) [2018] VCAT 1204 (30 July 2018)
Application by respondent for review of Tribunal’s orders; multiple applications by respondent; continual failure by respondent to appear or be represented at hearings; assessment of costs
Owners Corporation RP002044 v Finch (Owners Corporation) [2018] VCAT 1215
Proposed installation of two windows in external wall of flats – location of boundary between property of lot owner and property of owners corporation – permissions required to install windows – Owners Corporations Act 2006, s 52, Subdivision Act 1988 s 46, Sch 2, cls 2,5, Subdivision (Registrar’s Requirements) Regulations 2011, regs 4, 10 and 31.
Taliana v Owners Corporation No. 5384 (Owners Corporation) [2018] VCAT 1222 (01 August 2018)
EQUAL OPPORTUNITY AND DISCRIMINATION – Disability discrimination – Appeal from Victorian Civil and Administrative Tribunal – Member of owners corporations seeking alterations to common property to accommodate her disability – Tribunal found that owners corporations provide ‘services’ as defined in the Equal Opportunity Act 2010 – Definition of ‘services’ – Construction of ss 44, 45 and 56 – Whether s 56 exclusively regulates alterations to common property of an owners corporation– Appeal dismissed – Equal Opportunity Act 2010 ss 44, 45 and 56 – Victorian Civil and Administrative Tribunal Act 1998 s 148.
Owners Corporation OC1-POS539033E v Black [2018] VSC 337 (21 June 2018)
Fee recovery – respondent lot owner’s bankruptcy – whether respondent is an “owner” liable to pay fees – alleged non-performance of applicants’ obligations is no defence – possible set-off is no defence -final fee notice did not include a daily rate of interest – Owners Corporations Act 2006 ss 4, 5, 28, 32(2)(b)(ii).
Owners Corporation No 1 501391P v Cheung (Owners Corporations) [2018] VCAT 804 (31 May 2018)
Domestic building – application for discovery provided to by the Building Practitioners Board to parties the subject of disciplinary proceedings – application of Harman Undertaking – whether documents are relevant – discovery ordered
Whether owners corporation has breached its duties to repair and maintain common property – whether owners Corporation and manager have breached duties to act in good faith – Owners Corporations Act 2006 ss 5, 46, 122.
Langevad v Victoria Body Corporate Services Pty Ltd Owners Corporations 2018 VCAT 784 1
Alteration to plan of subdivision – proposal to excise one of seven villa units to facilitate warehouse/showroom development on adjacent land – proposal to acquire some common property for reconfiguration of subdivision – Subdivision Act 1988 s34D(3)(b)(ii) – whether economic or social benefits to the subdivision as a whole are greater than economic or social disadvantages to the owners of the non-consenting lot.
Latrobe Valley Pty Ltd v Langstaff (Owners Corporation) [2018] VCAT 654 (30 April 2018)
ADMINISTRATIVE LAW – Application for leave to appeal – Whether reasons were written or oral – Whether reasons were inadequate – Whether order of the Tribunal failed to make a final determination – Victorian Civil and Administrative Tribunal Act 1998 ss 117, 148 – Owners Corporation Act 2006 ss 1, 4, 162, 165
STATUTORY INTERPRETATION – Inconsistency between planning permit and owners corporation rules – Whether a planning permit confers a right for the purposes of the Owners Corporation Act 2006 s 140 – Whether a planning permit confers a right under an Act – Owners Corporation Act 2006 s 140 – Planning and Environment Act 1987 ss 3, 4, 47–68, 87–91, 114–130
Elwick 9 v Freeman [2018] VSC 234 (11 May 2018)
Nature of proceeding
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.
350 William Street Owners Corporation No 1 PS 636376F v Melbourne CC [2018] VCAT 335 (05 March 2018)
Water – gutter between adjoining buildings but on second respondent’s land – water damage to basement of one of the buildings – tenant vacates the basement and landlord (applicant) suffers economic loss – whether there was sub surface water, or water from the gutter, or both, that caused the damage – whether there was a flow of water from second respondent’s land – whether second respondent caused the flow – whether the water caused economic loss – quantum of compensation – reduction because of settlement reached with first respondent – Water Act 1958 ss 16, 19, 20.
Equal Opportunity Act 2010 (Vic) ss 4, 13, 44, 45, 46, 56, 75 – claim of discrimination on the basis of disability in the provision of services – whether owners corporation provides a service – whether other sections besides s 56 apply – whether s 75 provides an exception
Owners Corporations Act 2006 (Vic) – ss 4, 40, 45, 49, 52, 53 – whether inconsistent with applying Equal Opportunity Act 2010 ss 44-46
Building Act 1993(Vic) s 10 – application to buildings no longer under construction
Building Interim Regulations 2017 regulation 116
Disability Discrimination Act 1992 (Commonwealth) ss 13, 31 – effect on operation of Equal Opportunity Act 2010 (Vic)
Disability (Access to Premises – Buildings) Standards 2010 (Commonwealth) – incorporation in codes and regulations
Anne Black v Owners Corporation OC1-POS539033E [2018] VCAT 185 (08 February 2018)
COSTS – Proceeding settled on terms defendant will pay plaintiff’s costs on a standard basis, or indemnity basis if ordered by the Court – Application for indemnity costs – Application refused.
Owners Corporation 630063L v CGU Insurance Ltd [2018] VSC 34 (09 February 2018)
DECLARATORY RELIEF – Challenge to the jurisdiction of the Victorian Civil and Administrative Tribunal to continue to deal with applications – Whether Domestic Building Contracts Act 1995 applies to a ‘residential hotel’ development – Availability of injunctive relief to restrain the Victorian Civil and Administrative Tribunal from continuing to deal with a matter beyond jurisdiction – Domestic Building Contracts Act 1995, ss 3, 4, 5, 6, 8, 9, 53 and 54.
INJUNCTION – Restraining the Victorian Civil and Administrative Tribunal – Want of jurisdiction to deal with disputes in relation to building works which are excluded from the Domestic Building Contracts Act 1995 as a ‘residential hotel’.
H_Buildings_v_Owners_Corporation_2017_VSC_802_22_December_2017
Body Corporate
Breach of Statutory Duty
(Benefit Principle)
Claims Against Owners Corporation
Dealings With
Agreement for owners corporation to have access to terrace for water proofing works – owners corporation’s contractor does not complete the works – whether owners corporation was agent for lot owner – responsibility of the parties for delay – whether the agreement was terminated by frustration – whether cause of water entry from terrace into apartment was identified – what works are required to complete the waterproofing – relevance of conduct of the parties – liability of owners corporation for cost of making good damage caused by its contractor – Owners Corporations Act 2006 ss 12(1)(b), 167(a).
Owners_Corporation_446158A_v_Dunn_Owners_Corporations_2017_VCAT_1892_30_November_2017
Dunn_v_Owners_Corporation_446158A_Owners_Corporations_2017_VCAT_1893_30_November_2017
Section 82 of the Planning and Environment Act 1987; Port Phillip Planning Scheme; Commercial 1 Zone; noise attenuation; building height; building setback; overshadowing; amenity.
Owners_Corporation_633620N_v_Port_Phillip_CC_2018_VCAT_28
ADMINISTRATIVE LAW – Application for leave to appeal to Supreme Court from the Victorian Civil and Administrative Tribunal (‘VCAT’) – Hearing of application for leave and the appeal, if leave granted, at the same time – Validity of rules preventing construction of a second storey on owner’s lot without the consent of the members of the Owners Corporation – Whether a rule prohibiting construction of a second storey on owner’s lot a prohibition of a matter to be regulated – Application for leave granted and appeal dismissed – Owners Corporation PS 501391P v Balcombe [2016] VSC 384 applied and followed.
STATUTORY INTERPRETATION – Owners Corporation’s power under Owners Corporation Act 2006, s 138 – Determination of the validity of subordinate rules made by Owners’ Corporation.
Owners_Corporation_RP_3454_v_Ainley__2017_VSC_790_21_December_2017
Application under Section 77 of the Planning and Environment Act 1987; Frankston Planning Scheme; General Residential Zone; Conversion of Existing Building into Dwellings; Internal Amenity; Reduction in Car Parking; Affordable Housing; Management.
Owners_Corporation_PS409045Y_v_Frankston_CC_2017_VCAT_1926_27_November_2017_
Administrator – decision to raise special levy to fund a proceeding against one lot owner – decision to consent to other lot owners joining in the proceeding – levy paid by mistake – whether decisions void – claim for restitution – Owners Corporations Act 2006 ss 12, 24(1), (2) and (2A).
May_v_Owners_Corporation_PS519798G_Owners_Corporations_2017_VCAT_1759_2_November_2017
Section 82 of the Planning and Environment Act 1987; Port Phillip Planning Scheme; General Residential Zone Schedule 1, Heritage Overlay Schedule 444; Alterations to existing dwelling; impact on heritage values, neighbourhood character, amenity impacts
Owners_Corporation_Plan_No._PS_35378_v_Port_Phillip_CC_2017_VCAT_1661
TRUSTS AND TRUSTEES – Application for approval of the amalgamation of two trust funds under a charitable trust established in 1887 – Provisions for establishment of a body corporate to be substituted for the plaintiffs as trustees of the charitable trust on the same trusts – Ballard v Attorney-General for Victoria (2010) 30 VR 413 – Re Dion Investments Pty Ltd (2014) 87 NSWLR 753.
TRUST AND TRUSTEES – Power of Court to approve amendments to the terms of charitable trusts – Trustee Act 1958 ss 48(1) and 63
Robson__ors_v_Attorney-General_for_the_State_of_Victoria_2017_VSC_585_06_October_2017
PLANNING & ENVIRONMENT — Application for leave to appeal and appeal from the Victorian Civil and Administrative Tribunal under s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) — Acquisition of residential units — Land Acquisition and Compensation Act 1986 (Vic) s 36 — Two notices of acquisition gazetted – Whether the notices require the units and the common property to be valued separately — Construction of notices of acquisition — Applying the ‘technical meaning’ of words — Whether the Tribunal erroneously construed the notices — Owners Corporation Act (Vic) ss 11, 14 — Subdivision Act 1988 (Vic) ss 27A, 31, 31A, 32 — Transfer of Land Act 1958 (Vic) s 27 — Application for leave to appeal granted and appeal allowed.
Owners Corporation Act 2006; owners corporation’s duties Section 5 and 46; whether Tribunal should reopen the determination of issues the subject matter of findings in a related proceeding.
Fil_v_Owners_Corporation_PS332070B_Owners_Corporations_2017_VCAT_661_2_June_2017_
Whether lot owner breached rules when he installed shade sails and a clothesline on his terrace – whether he was entitled to install shade sails under section 12 of the Subdivision Act 1988 (Vic) – whether he was entitled to install shade sails and clothesline under section 132 of the Owners Corporations Act 2006 (Vic) – whether rules valid – what orders to make where breaches found.
Owners_Corporation_No._1_PS438893N_v_Kakos_Owners_Corporations_-_2017_VCAT_762
Costs – nature and complexity of proceeding – unsuccessful application for summary dismissal – respondent repudiating terms of settlement – Calderbank offer – owners corporation rule, requiring respondent to pay costs, is beyond power – Victorian Civil and Administrative Tribunal Act 1998 , s 109 .
Owners_Corporation_No_1_-_PS434030V_v_Carroll_Costs_Owners_Corporations_-_2017_VCAT_540_1
Claim for damages for cracked internal walls; no breach of duty by owners corporation; claim dismissed; claim for reimbursement of expert report dismissed.
Vats_v_Owners_Corporation_22128_Owners_Corporations_-_2016_VCAT_1079
REAL PROPERTY Restrictive covenant Restriction to ‘not more than one dwelling house and outhouses’ Burdened land contiguous to unburdened land Common ownership Proposal to develop both lots as one Proposal to erect three level block of 21 apartments Presence of some multi-unit development in the greater neighbourhood Whether modification to covenant to allow apartment development of proposed larger scale ‘will not substantially injure the persons entitled to the benefit of the restriction’ No objectors joined as parties Scale and imposition of proposed development exceeds degree of changes in neighbourhood Onus not discharged Application refused Property Law Act 1958 (Vic), s 84(1)(c)
REAL PROPERTY Application to remove restrictive covenant Beneficiaries expressing opposition out of court but not willing to attend court and be joined as defendants Function of the Court in unopposed applications Plaintiff’s onus of proof Exposure of facts and opinion from town planner on ultimate issue Adoption of facts by Court Non-adoption of opinion from underlying facts
Summary dismissal application – dispute resolution process – whether process followed before proceeding commenced – construction of model rule 6 – whether Points of Claim so defective that the proceeding should be dismissed – Owners Corporations Act 2006 ss 153, 154 – Victorian Civil and Administrative Tribunal Act 1998 s 75(1).
Owners_Corporation_No_8_PS422665R_v_Walton_Owners_Corporations_2015_VCAT_1742
Claim for damage to unit caused by tree roots; not sufficient proof tree roots caused damage; owners corporation not liable.
D_Monte_v_Owners_Corporation_22639_Owners_Corporations_-_2016_VCAT_1879
Summary dismissal of proceeding – Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 75(1) – Principles to be applied – Disputed issues of fact and law – Issue of public importance – Costs of unsuccessful summary dismissal application under s 75.
Owners_Corporation_No._1_PS537642N_v_Hickory_Group_Pty_Ltd_Building_and_Property_2015_VCAT_1683
Domestic building, application to join a party under s 60 of the Victorian Civil And Administrative Tribunal Act 1998 , application to join as an interested party without draft pleadings, oral application concerning s 165(1)(ba) of the Owners Corporations Act 2006 , alleged delay seeking joinder, no consent from the proposed joint party, potential risks to the proposed joined party of both being joined or not being joined including risk of costs order, incurring costs, Anshun estoppel, res judicata, solicitors for the party seeking joinder potentially acting as de facto solicitors for the proposed joined party, potential for conflict of interest, application to adjourn a long hearing, alleged prejudice to the party resisting the application for adjournment, whether the application to join the proposed joint party was bona fide.
Sections 32, 33 and 34D Subdivision Act 1988; alteration of lot entitlement and liability based upon discrepancy in valuations by reason of major changes in use of lots since original subdivision; just and equitable justification
Air conditioning equipment installed on common property; application for authorising order under s 165(1)(ba) Owners Corporations Act 2006 for removal; no evidence of majority support; order refused. Application to declare special rules invalid; no evidence of invalidity.
Carmignani_v_Owners_Corporation_No_1_PS349389V_Owners_Corporations_2016_VCAT_2155
Fee recovery application; manager’s administrative costs, costs of Court warrants, fees and allowances in answer to summons.
Owners_Corporation_RP_002044_v_Finch_Owners_Corporation_2016_2166_20_December_2016
Bin corral, whether a refurbishment of existing structure or a new structure; whether significant alteration to common property; requirement for special resolution; validity of ballot; whether conduct of OC unreasonable, oppressive or discriminatory against lot owner; devaluation of property; proposed relocation of corral; Owners Corporation Act 2006 ss 52,167.
Leonie_Burke_Pty_Ltd_v_Owners_Corporation_15762_2016_VCAT_2053_19_December_2016
Application by Chairman Owners Corporation
Grima_v_Quantum_United_Management_Pty_Ltd_Owners_Corporations_-_2016_VCAT_1960
Domestic Building
Owners_Corporation_PS_447493_v_Burbank_Australia_Pty_Ltd_Building_and_Property_-_2016_VCAT_2004
JUDICIAL REVIEW – Review of VCAT decision – Whether Tribunal gave adequate reasons – Whether path of reasoning disclosed – Whether reasons allow for inferences to be drawn as to the findings of the Tribunal – Whether recitation of the law is sufficient – Secretary to the Department of Justice v YEE [2012] VSC 447 referred to and applied – Insufficient reasons given OWNERS CORPORATIONS – Owners Corporations Act 2006 (Vic) ss 12, 47, 48 50, 52, 53,165, 167 – Defendant owners corporation passed special resolutions to install fire alarm system to allow residential use of some lots – Premises otherwise used for industrial purposes in industrial zone – Plaintiff occupied lot for industrial purpose – Whether any benefit to plaintiff – Whether owners corporation has power to enter onto lot to install fire alarm system – Liability for costs of installation – Whether alarm service is a ‘system’ or ‘alteration to common property’ such as to enable the owners corporation to impose a levy upon lot owners – Powers of VCAT under s 165 – Powers under s 165 not ‘at large’ – Christ Church Grammar School v Bosnich (2010) 34 VAR 23 followed and applied.
Energy_Technology_Australia_Pty_Ltd_v_Owners_Corp_PS_439401J_-_2017_VSC_145_6_April_2017
Costs – nature and complexity of proceeding – unsuccessful application for summary dismissal – respondent repudiating terms of settlement – Calderbank offer – owners corporation rule, requiring respondent to pay costs, is beyond power – Victorian Civil and Administrative Tribunal Act 1998, s 109.
Owners_Corporation_No_1_-_PS434030V_v_Carroll_Costs_Owners_Corporations_-_2017_VCAT_540
CORPORATIONS — Defendants guaranteed loan to company of which they are directors — Plaintiff claims amount owed under guarantee — Administrators appointed to company under pt 5.3A Corporations Act 2001 (Cth) — Company subsequently wound up and administrators appointed as liquidators — Liquidators commence and complete sale of real property owned by company.
PERPETUAL_NOMINEES_LTD_v_McGOLDRICK__ANOR_No_3_-_2017_VSC_78
Application by a committee member for authorizing order to proceed with claim on behalf of owners corporation for an order authorising him to revoke appointment of respondent manager. Owners Corporations Act 2006 s 119(6), s163(1A), and s165 (1)(ba).
Collins_v_Network_Pacific_Strata_Management_Pty_Ltd_Owners_Corporations_-_2017_VCAT_499_1_1
Extraordinary fees S24 Owners Corporation Act, poll vote; validity of resolution (16 January 2017)
Jalowicki_v_Owners_Corporation_Plan_SP_35671B_Owenrs_Corporation_2017_VCAT_50_16_January_2017
Costs – VCAT 1750 (19 October 2016)
Gerace_v_Body_Corporate_Services_Vic_Pty_Ltd_Owners_Corporations_-_2016_VCAT_1750
Appeal VSC 551 (21 September 2016)
Danielle_Lisa_Shearman_v_Owners_Corp_No_1_417405Y_-_2016_VSC_551
Administrative Law VSC 562 Administrative Law (20 September 2016)
ASA_Nominees_Pty_Ltd_v_Owners_Corporation_PS_513436B_and_Adamopoulos_-_2016_VSC_562
Validity of Rules – VCAT 1395 (15 August 2016)
ASA_Nominees_Pty_Ltd_v_Owners_Corporation_PS_513436B_and_Adamopoulos_-_2016_VSC_562 Salter_v_Owners_Corporation_PS501391P_Owners_Corporations_-_2016_VCAT_1395
Rules – VCAT 1502 (6 September 2016)
Sulomar_v_Owners_Corporation_No_1_PS511700W_Owners_Corporations_-_2016_VCAT_1502
Costs on fee recovery application, claim paid before application served. Order for costs – VCAT 1354 (15 August 2016)
Owners_Corporation_4_PS539033E_v_Peng_Owners_Corporations_-_2016_VCAT_1354
Special Rule Prohibiting Pets from Common Property and Private Lots – VCAT 1312
Owners_Corporation_SP24474_v_Watkins_Owners_Corporations_-_2016_VCAT_1312
Review under s 120 Victorian Civil and Administrative Tribunals Act – VCAT 1170
Owners_Corporation_40923V_v_Slater_Owners_Corporations_-_2016_VCAT_1170
Negligernce/Procedure VSC 354
Proportionate Liability – VCAT 938
Barouche_v_Owners_Corporation_No._409234V_Owners_Corporations_-_2016_VCAT_938
Planning and Environment VCAT 1016
Golikov_v_Boroondara_CC_-_2016_VCAT_1016
Validity of Head Lease and Transfer of Lease over common property; Car parking spaces; No evidence of special resolution for grant of lease. VCAT 963
Balazs_v_Owners_Corporation_RP9610_Owners_Corporations_2016_VCAT_963
Breach of Tribunal Order/Conduct of Owners Corporation and Owners Corporation Committee/Water damage to lot and lot storage space – VCAT 856
Basic_v_Owners_Corporation_SP22934S_Owners_Corporations_-_2016_VCAT_856
Licence/Waiver/Injunction – VCAT 851
Basic_v_Owners_Corporation_SP22934S_Owners_Corporations_-_2016_VCAT_856 Jopam_Nominees_Pty_Ltd_v_Owners_Corporation_No_1_PS4474926_Owners_Corporations_-_2016_VCAT_851
Domestic Building VCAT 699
Mission_Express_Pty_Ltd_v_Hewcon_Pty_Ltd_Building_and_Property_-_2016_VCAT_699
Alleged breach of duty – VCAT 680
Delbridge_v_Owners_Corporation_RP12295_Owners_Corporations_-_2016_VCAT_680
Applicant – VCAT 679
Mei_v_Talbot_Owners_Corporations_-_2016_VCAT_679
Owners Corporation Act 2006 (VIC) VCAT 533
Sukeda_v_Owners_Corporation_2_Plan_No_529462_Owners_Corporations_-_2016_VCAT_533
Applicant Seeks to withdraw Proceeding VCAT 362
Marshall_v_Lindeman_Owners_Corporations_-_2016_VCAT_362
Applicant Seeks to withdraw Proceeding VCAT 362
Owners_Corporation_No._1_PS537642N_v_Hickory_Group_Pty_Ltd_Building_and_Property_-_2015_VCAT_1683
Owners Corporation No 1 PS537642N v Hickory Group Pty Ltd Building and Property 2015 VCAT 1683
Owners_Corporation_No._1_PS537642N_v_Hickory_Group_Pty_Ltd_Building_and_Property_-_2015_VCAT_1683_1
Owners Corporation No 1 PS434030 v Carroll Owners Corporations 2015 VCAT 1414
Owners_Corporation_No._1_PS537642N_v_Hickory_Group_Pty_Ltd_Building_and_Property_-_2015_VCAT_1683_1 Owners_Corporation_No._1_-_PS434030V_v_Carroll_Owners_Corporations_-_2015_VCAT_1414
Archiscale v Darebin CC 2015 VCAT 1404
Archiscale_v_Darebin_CC_-_2015_VCAT_1404
Owners Corporation No PS611203E v Furman Constructions Vic Pty Ltd Costs Building and Property 2015 VCAT 1159
Titles Strata Management Pty Ltd ABN 32001119331 v Frank Nirta and Others According to Schedule Attached 2015 VSC 366
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