Horan v The Owners – Strata Plan No. 68307 [2024] NSWCATAP 118 (24 June 2024) DAMAGES – assessment under s 106(5) of the Strata Schemes Management Act 2015 (NSW) – loss of opportunity – required proof ADMINISTRATIVE LAW – challenge on basis of unreasonableness – when available Download Case PDF
Austinvale Body Corporate v The Body Corporate of Jasmin Terrace [2024] QCAT 256 (12 June 2024) NEIGHBOURHOOD DISPUTE – TREE DISPUTE – whether trees were causing substantial, ongoing and unreasonable interference – whether the trees ought to be trimmed or removed Download Case PDF
THE OWNERS OF 5 & 7 UPTON PLACE, LANGFORD STRATA PLAN 38498 -v- SWIFT [2024] WADC 35 (29 May 2024) Strata Titles Act 1985 (WA) - Strata Titles disputes - Jurisdiction of the District Court of Western Australia - Strata Titles - By-laws - Whether invalid - Whether oppressive or unreasonable - Recoverability of claimed amounts Download Case PDF
SafeWork NSW v The Owners – Strata Plan No 93899 [2024] NSWDC 277 (11 July 2024) CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – [...]
The Owners – Strata Plan No 2661 v Selkirk [2024] NSWSC 760 (21 June 2024) LAND LAW – strata title – duties of owners corporation – duty to maintain and repair common property – claims for rectification works and damages by lot owner under Strata Schemes Management Act 2015 (NSW), s 106(5) and 232(1) following breach of duty – whether entitlement of owners corporation to apply for orders to inspect [...]
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 [...]
The Body Corporate for The Anchorage One v Huang [2024] QDC 60 (17 May 2024) REAL PROPERTY – STRATA AND RELATED TITLES AND OCCUPANCY – MANAGEMENT AND CONTROL – BODY CORPORATE – POWERS DUTIES AND LIABILITIES – contributions by lot owners – manner of service of contribution notices – the body corporate claimed payment of contributions levied on the defendant lot owner – the lot owner denied receiving some or [...]
Owners SP 54026 v Kastri Aev Pty Ltd [2024] NSWCATAP 119 (25 June 2024) REAL PROPERTY – STRATA MANAGEMENT – strict duty of owners corporation to maintain and repair common property – lost rent claim arising from alleged breach of duty – limitation period in Strata Management Act 2015 (NSW) s 106(5) with (6) – nature of loss - extension of time under Civil and Administrative Tribunal Act 2013 (NSW) [...]
JUDGMENTS AND ORDERS - enforcement – garnishee order – attachment of debts – Civil Procedure Act 2005, s 117 the plaintiff, a managing agent holds funds collected from the tenants of the second defendant, the owner of units in a residential and commercial building, on trust for the second defendant pursuant to a management agency agreement – the owners corporation of the strata plan of the building, the third defendant, [...]
REAL PROPERTY – STRATA MANAGEMENT – strict duty of repair – onus of proof on scope and consequences of breach – causation and mitigation – measure and quantification of loss – Strata Schemes Management Act 2015 (NSW) ss 106, 122, 124, 232 Selkirk v The Owners Strata Plan No 2661 [2024] NSWCATAP 17 (06 February 2024)
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