David & Ros Carr Holdings Pty Ltd v Ritossa [2025] NSWCA 108 (23 May 2025) EQUITY – trusts and trustees – two couples established unit trust for purpose of making property investments – equal division of units – equal board representation on corporate trustee – equal shareholdings in trustee – no provision to resolve deadlocks – trust deed contained clause based on s 3A(3B) of Land Tax Management Act 1956 [...]
Dickson v Petrie [2025] NSWCA 110 (23 May 2025) LAND LAW — easements — construction of easements — general principles of construction — relevance of concept of “reasonable use” to task of construction — whether easement confers on dominant owners exclusive rights to use subject land for stated purposes — consideration of extent of rights retained by servient owner LAND LAW — easements — validity of easements — whether easement [...]
Ciric v The Owners - Strata Plan No. 67113 and Blanch [2025] NSWCATCD 12 (14 April 2025) STRATA SCHEMES – noise transmission – compliance by lot owner with by-law Download Case PDF
Evans v The Owners – Strata Plan No. 40841 [2025] NSWCATAP 113 (21 May 2025) APPEALS — Strata title – whether owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property – whether managing agent should be compulsorily appointed – whether wrong principle of law applied – whether leave should be granted – appeal filed out of time [...]
Owners Corporation RP16140 v Maw (Vic) Pty Ltd (Owners Corporations) [2025] VCAT 424 (14 March 2025) Additional annual fee – Circular resolution of owners corporation committee – validity of notice of resolution – effect of non-compliance with section 111 – whether ballot held at all - Owners Corporations Act 2006 ss 11, 23, 23A, 24, 31, 32, 59, 60, 61, 62. Download Case PDF
DUNCAN and THE OWNERS OF 16 MELVILLE PARADE, SOUTH PERTH STRATA PLAN 18919 [2025] WASAT 45 (20 May 2025) Strata Titles Act 1985 (WA) - Scheme dispute - Functions of strata company - Council - Duties of members of council - Application for appointment of Administrator of strata company - Breakdown in relationship between owner and member of council - Factors to consider to appoint Administrator - Whether strata company [...]
The Owners – Strata Plan No. 91684 v Parkview Constructions Pty Ltd [2025] NSWSC 493 (19 May 2025) CIVIL PROCEDURE – pleadings – amendment – late application for amendment of Technology and Construction Cross Claim List Statement – hearing imminent – pleading of causation – necessity to identify likely credible sequence of events that would have occurred but for impugned conduct Download Case PDF
Xie v The Owners - Strata Plan No 90092 [2024] NSWCATCD 72 (20 December 2024) LAND LAW – Strata schemes – Appointment of compulsory strata managing agent Download Case PDF
ACT Unit Titles (Management) Act 2011 (15 May 2025) Republication No 22 Effective: 15 May 2025 Republication date: 15 May 2025 Last amendment made by A2024-29 (republication for amendments by A2024-11) Download Case PDF
Selkirk v The Owners – Strata Plan No 2661 [2024] NSWCATCD 71 (30 December 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 – reasonably foreseeable losses suffered as a result of a contravention of [...]
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