Gates v The Owners - Strata Plan No 5165 [2024] NSWCATCD 53 (25 September 2024) COSTS – costs application by the respondent – principles – withdrawal of interim application - no hearing on the merits – costs application dismissed Download Case PDF  

The Owners – Strata Plan No. 91174 trading as Owners Corporation Throsby Street v RPF Building Pty Limited [2025] NSWSC 312 (4 April 2025) CONTRACTS – Interpretation of commercial contracts – Application of established principles. Download Case PDF  

CAMPBELL v THE OWNERS STRATA PLAN NO 88807 [2024] NSWCATCD 50  (27 August 2024 REAL PROPERTY – STRATA MANAGEMENT – content of owners corporation’s strict duty of maintenance and repair – alleged loss of rent from alleged breach – not established on facts Link to Case  

The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd (No 2) [2025] NSWLEC 28 (26 March 2025) LAND LAW — strata title — strata renewal plan for redevelopment — Strata Schemes Development Act 2015 (NSW) — one dissenting owner not a party to the proceedings — strata renewal plan given effect Download Case PDF  

THE OWNERS – UNITS PLAN NO 4312 v PROJECT COORDINATION AUSTRALIA PTY LTD - [2025] ACTSC 110 - BC202504051 - PRACTICE AND PROCEDURE (24 March 2025) PRACTICE AND PROCEDURE – PARTIES – Application to join director of a defendant company as tenth defendant in proceedings – reliance placed by plaintiff on rr 211 and 220 of the Court Procedures Rules – application for joinder justifiable under either of those rules [...]

Theunissen v Barter [2025] NSWCA 50 (31 March 2025) APPEALS — leave to appeal — whether leave required LAND LAW — easements — construction of easements — general principles of construction — admissibility of information beyond the register — relevance of physical characteristics of land — range of physical characteristics which may be considered and as at what time, in light of Westfield Management Limited v Perpetual Trustee Company Limited (2007) 233 [...]

 Carroll and Ors v The Owners – Strata Plan no 37248 [2025] NSWCATAP 59  (24 March 2025) APPEAL- whether an application under s 149(1)(c) of the Strata Titles Management Act must be brought within the time of 28 days provided for by r 23(3)(b) of the Civil and Administrative Rules Download Case PDF  

Duffy v Body Corporate for Park Square [2025] QCATA 22 (27 February 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2) of the Body Corporate Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal – [...]

Ultiqa Village Resort Limited v Gregory Edward Deale [2025] NSWSC 233 (19 March 2025) LAND LAW – co-ownership – statutory trust for sale – application by plaintiffs under Conveyancing Act 1919 (NSW) s 66G(1) – timeshare resort operated by company on property – where property is co-owned by hundreds of defendants – where company passed resolutions to authorise certain co-owners to make application to the Court for the appointment of [...]

The Owners - Strata Plan No. 94197 v Secretary of the Department of Customer Service [2025] NSWSC 215 (18 March 2025) COSTS — Where plaintiff wishes to discontinue proceedings — Where proceedings discontinued by Plaintiff following agreement — Whether agreement was a compromise or an effective surrender by the defendant — Whether parties acted reasonably — Whether plaintiff’s case was “almost certain to have succeeded” Download Case PDF