THE OWNERS OF 875 WELLINGTON STREET, STRATA PLAN 13599 and KAMIL ALSO KNOWN AS AHMED KAMIL [2025] WASAT 19 (28 February 2025) Strata Titles Act 1985 (WA) - Scheme dispute - Whether Scheme by-law which permits the Strata Company to charge fees for parking on the common property is valid - Whether Strata Company has the power to charge for parking on the common property - Whether a lot owner [...]
The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd (No 2) [2025] NSWSC 107 (19 February 2025) COSTS – security for costs – relevant factors – where application made by defendant builder that plaintiff owners corporation provide security – whether reason to believe owners corporation could not meet adverse costs order – whether security should be ordered as a matter of discretion – where defendant builder [...]
Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63 (20 February 2025) LAND LAW – Strata title – Construction of poorly drafted by-law – Heading of by-law at least part of context in which terms to be construed whether or not part of by-law and whether or not by-law regarded legislative in character – By-law in question does not encompass approval of relevant works – By-law could not [...]
Lim v The Owners – Strata Plan No 51159 [2025] NSWCATAP 14 (21 January 2025) APPEAL – strata scheme – removal of screen door to lot by owners corporation – fire safety requirements – whether owners corporation entitled to remove door - conduct of hearing before Tribunal – whether denial of procedural fairness – whether reasons inadequate – constructive failure to exercise jurisdiction Download Case PDF
Fang v Owners Corporation Plan No. RO001311 (Owners Corporations) [2025] VCAT 32 (10 January 2025) Dispute concerning CCTV cameras, awning and air conditioning unit alleged by the owners corporation to have been installed without its consent, contrary to Rule 5.2 of the Model Rules; giving notice of intention to effect such installations does not amount to seeking consent; validity of breach notices issued; consideration of the conduct of the parties; [...]
Date v Owners Corporation PS 714706C (Owners Corporations) [2024] VCAT 1017 (22 October 2024) Owners Corporations Act 2006 (Vic); whether compliance with owners corporation rule; policy adopted by committee to apply rule; s.154 Owners Corporations Act 2006 - owners corporation may take no action in respect of alleged breach. Download Case PDF
Basu v Owners Corporation Plan No. 25989 (Owners Corporations) [2024] VCAT 941 (1 October 2024) Work carried out on common property by a tradesman engaged by an owners corporation, liability of the owners corporation to a lot owner for alleged damage to the lot owners property alleged to have been caused by the tradesman, agency not found, application dismissed. Download Case PDF
Owners Corporation PLAN NO. 000675 v Buckley PLAN (3 October 2024) STATUTORY INTERPRETATION – Owners Corporation Act 2006 (Vic) – Final fee notice and s 32 – Jurisdiction of the Magistrates’ Court – Operation of ss 30(1) and (2) – Part 11 and Jurisdiction of the Victorian Administrative Tribunal. Download Case PDF
Dart v The Owners - Strata Plan No. 71849 [2024] NSWCATAP 145 (26 July 2024) APPEAL – Errors on questions of law – no evidence to support finding - failure to consider a party’s submissions – not applying legal principle. STRATA - Duty to maintain and repair common property – liability of owners corporation for damage for breach of duty. LIMITATION OF ACTION – whether s 106(6) Strata Schemes Management [...]
Chapman v Perna (Owners Corporations) [2024] VCAT 624 (4 July 2024) Application for declaratory and injunctive relief requiring consideration of the meaning of the term ‘Flat 10’ in the Articles of Association of a company title corporation. Whether dispute is a ‘neighbourhood dispute’ within the meaning of s 5 Company Titles (Home Units) Act 2013. Absence of plans indicating boundaries of flats in the development. Relevance of extrinsic evidence to [...]
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