York & Edwards v The Owners – Strata Plan No 675 (No 2) [2024] NSWSC 1648 (19 December 2024) LAND LAW – strata title – where plaintiffs own two lots in large strata plan – where NSW Civil and Administrative Tribunal made order for reallocation of unit entitlements pursuant to s 236 of Strata Schemes Management Act 2015 (NSW) – where effect of reallocation is significantly to increase strata levies [...]
“What’s next for strata?” asks this month’s edition of Insurance News Magazine. From the Australian College of Strata Lawyers: “It is estimated that in NSW alone, 50% of people will be living in strata by 2040. These people must feel confident that they are receiving a professional service, from ethical people who are focused on the best outcome for their customers, not the easiest way to improve their own bottom line.” Read more: [...]
The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd [2024] NSWSC 1625 (12 December 2024) CIVIL PROCEDURE – where plaintiff has served expert evidence – where that expert evidence based upon inspection of some but not all units allegedly affected by defects – where plaintiff belatedly seeks leave to adduce expert evidence in respect of defects alleged to exist in remaining units Download Case PDF [...]
M Salazar Properties Pty Ltd v Jeffs [2024] QCA 257 (17 December 2024) REAL PROPERTY – EASEMENTS GENERALLY – GRANT OF EASEMENT – STATUTORY RIGHT OF USER – where the appellant seeks to subdivide its property and therefore requires a drainage easement over an adjacent property belonging to the respondent – where the appellant requires approval from a local council before it can proceed with its subdivision – where the [...]
Owners Corporation Strata Plan 39993 v Place Management NSW [2024] NSWSC 1537 (3 December 2024) COMMERCIAL LEASE – lease of common property of commercial leasehold strata scheme – construction of definition of “Market Value of the Stratum” – no issue of principle Download Case PDF
Pafburn Pty Limited v The Owners - Strata Plan No 84674 [2024] HCA 49 (11 December 2024) Tort – Negligence – Concurrent wrongdoers – Proportionate liability – Where owners corporation claimed damages from developer and head building contractor for construction of building – Where claim for economic loss arising from breach of duty imposed on person carrying out construction work by s 37 of Design and Building Practitioners Act 2020 [...]
The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd [2024] NSWSC 1519 (28 November 2024) BUILDING AND CONSTRUCTION – Design Act ss 36 and 37 - Certifiers Act ss 13 and 14 – Proceedings by Owners Corporation against the third defendant accredited certifier for breach of the duty of care imposed by s 37 of the Design Act on the footing that the third defendant carried out construction work [...]
Huo v The Owners – SP No 44652 [2024] NSWCATAP 207 (22 October 2024) COSTS – Appellant ordered to pay respondent’s costs – whether error on question of law – failure to take into account appellant’s submissions on costs. Download Case PDF
Gabriela v The Owners – Strata Plan No. 52108 [2024] NSWCATAP 224 (11 November 2024) APPEALS – leave to appeal - procedural fairness – alleged failure to be served – evidence of service Download Case PDF
Chaar v The Owners - Strata Plan 57161 [2024] NSWCATAP 242 (27 November 2024) APPEAL – Error as to date not impacting decision – no basis for grating leave to appeal LAND LAW – Strata title – two-year limitation period – date from which that period commences – extension of time not permitted Download Case PDF
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