Juskey v The Owners – Strata Plan No 62732 [2025] NSWCATAP 95  (1 May 2025) COSTS – s 60 Civil and Administrative Tribunal Act 2013 (NSW) – special circumstances – long delay in filing appeal – lack of prospects of success – discretion to make a costs order – whether discretion should be exercised in favour of making a costs order Download Case PDF  

Walters v Watkins [2025] NSWCATAP 97 (1 May 2025) APPEALS – leave to appeal – no question of principle – extension of time – no question of principle Download Case PDF  

Strata Plan 87060 trading as The Owners – Stata Plan No. 87060 v Loulach Developments Pty Ltd [2025] NSWSC 413 (30 April 2025) PRACTICE AND PROCEDURE – Proposed amendment to defendants’ Technology and Construction List Responses to introduce alternative limitation defences under s 18E of Home Building Act 1989 (NSW) in addition to existing limitation defences relying on that section – Where plaintiff opposed leave to amend on the sole [...]

White House Developments Pty Ltd v The Owners - Strata Plan No 70276 (No 2) [2025] NSWCATAP 92 (29 April 2025) APPEALS – application to reopen appeal - power of the Appeal Panel to reconsider original costs decision in the absence of an appeal – application dismissed COSTS – application to vary costs order by the respondent – application dismissed Download Case PDF  

The Owners – Strata Plan No. 5403 v; Sargents Developments Pty Ltd [2024] NSWCATCD 58 (15 October 2024) LAND LAW – Strata title – unit entitlements – valuation evidence not accepted – reallocation refused Download Case PDF  

Strata Plan No 8017 trading as The Owners – Strata Plan 8017 v Makawi Manly Pty Ltd [2025] NSWDC 133 (23 April 2025) CIVIL PROCEDURE — Pleadings — Amendment – application to amend Statement of Claim – proposed joinder of additional defendant where claim may be statute barred Download Case PDF  

Lendlease Communities (Figtree Hill) Pty Ltd v Mount Gilead Pty Ltd (No 2) [2025] NSWSC 282 (10 March 2025) EVIDENCE – application to give evidence by audio visual link – no contest that one witness may give evidence by that means – where defendants oppose second witness giving evidence by that means – where second witness is crucial witness giving evidence about central issue in dispute Download Case PDF  

EBELING -v- THE OWNERS OF CHATEAU RIVERSDALE STRATA PLAN 14729 [2025] WASC 110 (9 April 2025) Administrative law - Judicial review application from decision of the State Administrative Tribunal - Whether the Member erred in making her Orders - Application dismissed Download Case PDF  

State of Victoria (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd [2025] VSCA 52 (11 April 2025) BUILDING AND CONSTRUCTION – Referral by County Court of questions in form of a special case as to construction and operation of s 137F of the Building Act 1993 – Cladding rectification scheme – Payment by State entities of financial assistance for cladding rectification works – Circumstances in which State [...]

Body Corporate for Oceana on Broadbeach CTS 24163 v 21 Broadbeach Blvd Pty Ltd [2025] QSC 68 (7 April 2025) REAL PROPERTY – STRATA AND RELATED TITLES – GENERAL MATTERS – JURISDICTION AND POWERS OF COURTS AND TRIBUNALS – where the plaintiff body corporate previously commenced proceedings against the defendants for damages for trespass and nuisance – where those proceedings were resolved by the parties entering into a licence agreement [...]