The Owners – Strata Plan No 7114 v Northern Beaches Council [2025] NSWCA 197 (27 June 2025) CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees TORTS — [...]
Justlainer Pty Ltd ATF the Trevor and Allison Black Family Trust v The Body Corporate for Ko Huna Resort Village CTS 27120 & Anor [2025] QCATA 52 (28 May 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where claim in damages for breach of contract in relation to caretaking agreements and letting authority – where trustee [...]
LENANE and THE OWNERS OF HARBOUR PINES STRATA PLAN 23297 [2025] WASAT 53 (12 June 2025) Strata titles - Maintenance (10 year) plan - Compared with budget - Whether approved maintenance plan a budget - Whether requirements for notices of meeting met - Discretion - Voting - Applicants' exclusion as unfinancial - Oppressive and unreasonable conduct Download Case PDF
Ungaro v Matijevic [2025] NSWCATAP 163 (29 July 2025) LAND LAW — strata title — powers of owners corporation — approvals under by-laws for parking on common property — whether parking prohibitions and restrictions based on blanket vehicle classifications instead of size are permissible APPEALS — appeal as of right for failure to respond to substantial, clearly articulated arguments — leave to appeal because decision not fair and equitable or [...]
The Owners – Strata Plan No 63491 v Matt Early Pty Ltd [2025] NSWCATCD 27 (2 May 2025) LAND LAW – Strata Title – Strata Schemes Management Act 2015 (NSW) ss 106, 122, 124 - Right of owners corporation to access to a lot for the purpose of investigating the need for repair and maintenance of common property or to carry out the repair and maintenance of common property – [...]
White House Developments Pty Ltd v The Owners - Strata Plan No 70276 [2025] NSWCATAP 68 (2 April 2025) APPEALS — Appeal on question of law – Scope of question of law LAND LAW — Strata title – Whether the owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property – Whether the owners corporation is liable to [...]
Bradley Scott Schembri Furniture Finishes Pty Ltd v Owners Corporation No. PS334220X (Owners Corporations) [2025] VCAT 298 (4 April 2025) Owners Corporations Act 2006 section 5 - good faith obligation; section 24 - the benefit principle; section 165 - what orders the Tribunal may make; section 167 - what must the Tribunal consider when making orders under section 165- discretion of the Tribunal to make any order it considers fair; [...]
Draper v Body Corporate for Winchcombe Place CTS 15441 [2025] QCATA 66 (26 June 2025) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – EXCLUSIVE USE – DISPOSITION OF COMMON PROPERTY – RESOLUTION WITHOUT DISSENT – OBJECTION TO RESOLUTION – OBJECTION MUST BE REASONABLE – where appellant is the owner of Lot 4 in the Scheme which is a ground [...]
JRVT Pty Ltd v Traczyk (Owners Corporations) [2025] VCAT 108 (6 February 2025) Model Rule 6.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018 - Owners Corporations Act 2006 (Vic) sections 165 and 167 – what orders the Tribunal may make where it finds a breach of rules – what must the Tribunal consider when making orders under section 165 - discretion of the [...]
Puppa v Owners Corporation RP007059 (Owners Corporations) [2025] VCAT 77 (28 January 2025) Application for declaration that no owners corporations fees owing or payable, and orders directing the owners corporation to issue a certificate under s 151 of the Owners Corporations Act 2006 to that effect. Applicant concedes that has made no payments since 2018. Applicant disputes the validity of resolutions passed at Annual General meetings, and asserts that Notices [...]
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