Hastings v Marven (Owners Corporations) [2025] VCAT 446 (19 May 2025) Summary dismissal s 75 & s 76 Victorian Civil and Administrative Tribunal Act 1998; A claim for a breach of s 129 of the Owners Corporations Act 2006 (Vic), and a breach of Rule 1.1 In Schedule 2 are not a ‘tort’ for the purpose of s 5(1)(a) of the Limitation of Actions Act 1958 (Vic). Claim not statute [...]
Owners Corporation v Miller [2025] VMC 11 (8 July 2025) APPLICATION – Strike out for lack of jurisdiction – ‘Recovery of money owed to the owners corporation by a lot owner’ – Jurisdiction of the Magistrates’ Court – Statutory interpretation – Owners Corporations Act 2006 (Vic) ss 1, 18, 30, 31, 32. Part 11, Div 1, Magistrates’ Court Act 1989 (Vic) s 100(1). Download Case PDF
Owners Corporation - Plan No. 444603 v Kingston CC [2025] VCAT 462 (26 May 2025) Section 82 of the Planning and Environment Act 1987 (Vic); Identity of objector; Application to amend name of applicant for review refused; Alleged breaches of Owners Corporation Act 2006 (Vic); No jurisdiction to consider alleged breaches of Owners Corporation Act 2006 (Vic) in the Planning and Environment List at VCAT; Application raises legitimate planning matters; [...]
Owners Corporation v Jones [2025] VMC 10 (8 July 2025) APPLICATION – Re-hearing – ‘Recovery of money owed to the owners corporation by a lot owner’ – Jurisdiction of the Magistrates’ Court – Statutory interpretation Owners Corporations Act 2006 (Vic) ss 1, 18, 30, 31, 32, Part 11, Division 1, Magistrates’ Court Act 1989 (Vic) ss 100(1), 110 Download Case PDF
Owners Corporation v Nguyen & Ors [2025] VMC 12 (8 July 2025) JURISDICTION – ‘Recovery of money owed to the owners corporation by a lot owner’ – Jurisdiction of the Magistrates’ Court – Statutory interpretation – Owners Corporations Act 2006 (Vic) ss 1, 18, 30, 31, 32, Part 11, Div 1, Magistrates’ Court Act 1989 (Vic) s 100(1). Download Case PDF
Owners Corporation PS631843C v Saint-John (Owners Corporations) (Costs) [2025] VCAT 368 (28 April 2025) Application for costs, the interrelationship between ss 74(2)(b) and 109(3) of the VCAT act, the statutory presumption regarding costs under s 109(1) of the VCAT Act, application for costs dismissed. Download Case PDF
Owners Corporation 1 Plan No. PS718154U v Wang (Owners Corporations) [2025] VCAT 452 (21 May 2025) Fee recovery application; Owners Corporations Act 2006 (Vic) s 31, s 32, s 165(1)(ca); reasonable costs incurred by the owners corporation in recovering an unpaid amount from the lot owner (other than costs in the proceeding) Download Case PDF
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; [...]
Moffatt v Twiselton (Owners Corporations) [2025] VCAT 370 (30 April 2025) Claim for breach of administrator’s duties under s177 Owners Corporations Act 2006; claim administrator acted in excess of power under s176(c) Owners Corporations Act 2006; claim for misleading or deceptive conduct under s18 Australian Consumer Law; application dismissed. Costs awarded against the applicants under section 109 Victorian Civil and Administrative Tribunal Act 1998. Download Case PDF
Xenidis v Owners Corporation Plan No. PS318104R (29 July 2025) JUDICIAL REVIEW – Application for leave to appeal against costs decision of Victorian Civil and Administrative Tribunal – Where most of applicant’s arguments challenge substantive orders or fail to identify questions of law – Whether costs decision reasonably open – Whether Tribunal failed to accord procedural fairness by not considering emailed submission on costs – Leave granted and appeal allowed [...]
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