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
The Owners – Strata Plan No. 12185 v Brown [2025] NSWCATAP 51 (13 March 2025) REAL PROPERTY – STRATA MANAGEMENT – challenge to air conditioning by-law – Strata Schemes Management Act 2015 (NSW) s 149 Download Case PDF
The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd (No 2) [2025] NSWSC 182 (11 March 2025) COSTS – certificate under Suitors’ Fund Act 1951 (NSW) sought – unsuccessful respondent’s submissions had led lower court into error – unsuccessful respondent sought to defend erroneous decision on appeal – inappropriate to grant certificate Download Case PDF
May21 Pty Ltd v Owners Corporation No. 1 PS746092G (Owners Corporations) [2025] VCAT 70 (25 January 2025) SUBDIVISION ACT 1988 and OWNERS CORPORATIONS ACT 2006 – plan of subdivision affected by multiple owners corporations in incomplete land subdivision Section 173 Owners Corporations Act – appointment of an administrator to owners corporations for the special purpose of amending a plan of subdivision to complete the plan of subdivision of land under [...]
SP 95221 v Lane Cove Council [2025] NSWSC 172 (10 March 2025) ADMINISTRATIVE LAW – review for denial of procedural fairness – review on the grounds of irrelevant and relevant considerations – remedies – discretionary factors – delay – plaintiff is the Owners Corporation of a multi-residential apartment building erected in suburban Sydney – the second defendant is the New South Wales Civil and Administrative Tribunal (“NCAT”) – the first [...]
SPEDDING v THE OWNERS UNITS PLAN 3941 (Unit Titles) [2025] ACAT 12 (6 March 2025) UNIT TITLES – meetings – Unit Titles (Management) Act 2011 – omission of special purpose fund budget from notice of annual general meeting – the common law of meetings – argument that an entire meeting is void due to the omission of one resolution from the meeting notice and from the meeting agenda – the [...]
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