Oberto Pty Ltd v The Owners – Strata Plan No 2004 No 2 [2026] NSWCATCD 24 (17 February 2026) LAND LAW – STRATA MANAGEMENT – incidence and content of owners corporation’s strict duty to maintain and repair common property – meaning of maintain and repair - lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property – owners corporation’s strict liability for [...]
The Owners - Strata Plan No 865 v Carroll [2026] NSWCATAP 58 (25 February 2026) LAND LAW – Strata title -interaction of common property rights by-law with existing breaches of owners corporation’s strict duty to maintain and repair common property – construction of by-law – meaning of “affect” in context of common property with pre-existing defects – meaning of “plans” - Strata Schemes Management Act 2015 (NSW) ss 106, 149. [...]
John Goubran & Associates Pty Ltd ACN 070 974 819 v The Owners - Strata Plan 57150 [2026] NSWDC 9 (25 February 2026) NEGLIGENCE — Breach — Standard of care – unit in a strata scheme suffered damage from water ingress caused by the failure of waterproofing of the balcony of the unit above - owners corporations duty – calculation of loss STRATA SCHEMES MANAGEMENT ACT 2015 – claim of [...]
McCullum v The Owners - Strata Plan No 15404; The Owners - Strata Plan No 15404 v McCullum [2025] NSWCATCD 210 (23 December 2025) REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property and compensate for damage to lot property -– compulsory strata manager – lot owners’ consent to common property rights by-law Download Case PDF
Oberto Pty Ltd v The Owners – Strata Plan No 2004 [2025] NSWCATCD 200 (24 November 2025) REAL PROPERTY – STRATA MANAGEMENT – incidence and content of owners corporation’s strict duty to maintain and repair common property – meaning of maintain and repair - lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property – owners corporation’s strict liability for independent contractors [...]
Quirk v The Owners - Strata Plan No 94627 [2025] NSWCATCD 199 (28 November 2025) REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property - lot owner’s claim for alleged damage from alleged breach of duty being primarily lost rental - Strata Schemes Management Act 2015 (NSW) ss 106, 232 Download Case PDF
Critchley v Mitchell [2025] QCAT 346 (15 September 2025) ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNAL – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – neighbourhood disputes – trees – where neighbour is defined by Act – where land registered under Body Corporate and Community Management Act 1997 (Qld) – where applicant is not owner or occupier of land registered under Land Title Act 1994 (Qld) – where applicant not authorised to represent the [...]
E & M Farag Pty Ltd v Twiselton [2025] VSC 718 (20 November 2025) APPEAL — Section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) —Statutory interpretation — Whether Tribunal erred in its determination of the scope and exercise of an administrator’s powers under the Owners Corporations Act 2006 (Vic) — Owners corporation in a deadlock necessitating an independent administrator — Whether Tribunal erred in finding that [...]
Owners Corporation No.1 PS540313Q v Eaton (Owners Corporations) [2025] VCAT 674 (29 July 2025) Breach notice and final breach notice issued under ss 155 and 157 of the Owners Corporations Act 2006 (Vic) in respect of alleged breaches of Registered Rules 15.1, 16.3, 16,5 and 16.6 and s47A of the Owners Corporations Act 2006 (Vic); Registered Rules made in furtherance of the objectives of an Environment Management Plan prepared for [...]
Gubic v Owners Corporation Plan No PS326467G (Owners Corporations) [2025] VCAT 824 (23 September 2025) Owners Corporations Act 2006 (Vic) sections 4, 5 and 6 – functions, duties and powers of an OC; sections 36, 37, 38 and 39 - maintenance plans; sections 165 and 167 – what orders the Tribunal may make – what must the Tribunal consider when making orders under section 165 - discretion of the Tribunal [...]
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