The Owners – Strata Plan No. 11097 v Griffiths [2025] NSWCATAP 6  (06 January 2025) APPEALS – Appeal from interlocutory decision to grant of leave to amend claim – leave refused Download Case PDF  

Oemang v Saraswati (Building and Property) [2024] VCAT 1152 (6 December 2024) JURISDICTION – Application under Victorian Civil and Administrative Tribunal Act 1998, s 77, alternatively s 75 – Whether the proceeding is a matter within federal jurisdiction – Whether the Tribunal has jurisdiction to hear proceeding – Burns v Corbett (2018) 265 CLR 304; Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 216; Thurin v Krongold Constructions (2022) [...]

“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 [...]