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
Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2024] NSWCATAP 192 (3 October 2024) LAND LAW — strata title — common property — maintenance and repair of common property – action for damages by lot owner – proceedings commenced more than two years after the owner became aware of loss – whethertime can be extended under s 41 of the Civil and Administrative Tribunal Act [...]
The Owners - Strata Plan No. 100526 v Hamdan [2024] NSWCATAP 222 (6 November 2024) APPEALS – Error on a question of law – scope of discretion conferred by statute misconceived LAND LAW – Strata title – discretionary factors – impact on common property considered – discretion not confined to that impact Download Case PDF
Baker v The Owners - Strata Plan No. 9348 [2024] NSWCATAP 180 (23 September 2024) APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal Download Case PDF
Saint-John v Owners Corporation PS631843C (Owners Corporations) [2024] VCAT 1026 (24 October 2024) OWNERS CORPORATIONS - statutory construction – section 146(2) of the Owners Corporations Act 2006 – meaning and effect of “any records of the owners corporation.” Download Case PDF
Deak v Estate of the Late Carolina Nacinovich and Ermanno Giurina [2024] VSC 710 (18 November 2024) OWNERS CORPORATION – Consequences of owners corporation failure to comply with s 18(1) of the Owners Corporation Act 2006 (Vic) to commence legal proceedings – Non-compliance gives rise to procedural irregularity – Proceeding not a nullity – Application of Burbank Australia Pty Ltd v Owners Corporation PS 447493 [2015] VSC 160 – Where [...]
Date v Owners Corporation PS 714706C (Owners Corporations) [2024] VCAT 1017 (22 October 2024) Owners Corporations Act 2006 (Vic); whether compliance with owners corporation rule; policy adopted by committee to apply rule; s.154 Owners Corporations Act 2006 - owners corporation may take no action in respect of alleged breach. Download Case PDF
Basu v Owners Corporation Plan No. 25989 (Owners Corporations) [2024] VCAT 941 (1 October 2024) Work carried out on common property by a tradesman engaged by an owners corporation, liability of the owners corporation to a lot owner for alleged damage to the lot owners property alleged to have been caused by the tradesman, agency not found, application dismissed. Download Case PDF
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