Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34 (18 February 2025) ADMINISTRATIVE LAW – appeal against decision to stay of decision to cancel strata management corporate and individual licences under the Property and Stock Agents Act 2002 – whether Tribunal had regard to mandatory consideration under s 60(3) of the Administrative Decisions Review Act 1997 – effect of appointment of manager pursuant to s 126 of the [...]
Linali Pty Ltd as trustee for the Chakra Family Trust v Body Corporate for Crown CTS 41282 [2024] QCAT 446 (16 October 2024) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES, AND LIABILITIES – where applicant and respondent/body corporate were parties to a caretaking agreement and a letting agreement – where body corporate alleged that the applicant failed to comply with its [...]
Sunrise Creek Pty Ltd v Body Corporate for Glades Easthill South Community Titles Scheme 30074 [2024] QCAT 362 (20 August 2024) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS DUTIES AND LIABILITIES – GENERALLY – where Body Corporate asserted a right to terminate a caretaking agreement – Receivers and Managers appointed by financier – standing of director to bring application in Tribunal. Body [...]
Samia v Foster & The Owners – Strata Plan No 67743 [2024] NSWCATAP (31 May 2024) APPEAL — question of law — where owners corporation was dysfunctional — where the Tribunal appointed compulsory strata manager — whether the appellant was denied procedural fairness — whether there was bias — whether Tribunal excluded evidence which was admissible — no error of law — no issue of principle Download Case PDF
Huang v Body Corporate for the Dorchester CTS 10749 [2024] QCATA 64 (13 June 2024) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – EXCLUSIVE USE – WHETHER RESOLUTION REASONABLE – where appellant has exclusive use of part of the rooftop area – where improvements built on the exclusive use area without the approval of the respondent – where by [...]
REAL PROPERTY – STRATA AND RELATED TITLES MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTUES AND LIABILITIES Validity and Relevance of Termination of caretaking agreement by Body Corporate – whether manager terminated the caretaking agreement validity of notice Body Corporate and Community Management Act 1997 Queensland Civil and Administrative Tribunal Act 2009, s 47(1)(a) Hodgson & Sweeny v The Committee of Seafarer Chase [2023] QCAT 404 (11 October 2023)
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – striking out application – striking out and/or dismissal of an Applicant's claim pursuant to s 47 of the QCAT Act – ASSIGNMENT OF LETTING AND CARETAKING SERVICES CONTRACTS – whether the Body Corporate committee was properly constituted to authorise the assignment of the contracts – whether the contracts purportedly transferred from one person [...]
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – BODY CORPORATE MANAGER – APPOINTMENT AND FUNCTIONS – CODE OF CONDUCT – BREACH – where the respondent was appointed Body Corporate Manager pursuant to a body corporate management agreement signed by two committee members – where the validity of the appointment was challenged by the applicant at an adjudication – where [...]
Application under section 75 of the Victorian Civil and Administrative Tribunal Act 1998 for summary dismissal. Application under section 165(1)(ba) of the Owners Corporation Act 2006 to act on behalf of the Owners Corporation. Validity of contract between the owners’ corporation and the managers. Abbet v Myecho Investments Pty Ltd (Owners Corporations) [2023] VCAT 902 (3 August 2023)
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – error of law – obligations deriving from legislation and subordinate legislation – division of obligations between principal and subsidiary schemes in a layered arrangement of community titles schemes – responsibility for roofing membranes that are not common property but that provide protection for lots or common property – responsibility for maintaining roofing structures providing protection in a structurally [...]
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