KDD CONVEYANCING SERVICES PTY LTD -v- SUNSIE PTY LTD AS TRUSTEE FOR THE SUNSIE TRUST [2024] WASCA 121 (8 October 2024) Sale and purchase of land - Strata titles - Where vendor and purchaser of a proposed strata lot entered into a sale agreement which provided for the deposit and other money payable prior to the registration of a strata plan to be held on trust by the vendor's settlement [...]
Szuhan v Owners Corporation 13206 (Owners Corporations) [2024] VCAT 954 (3 October 2024) Appointment of administrator, ss.173 & 174 Owners Corporations Act 2006 (Vic). Download Case PDF
Liu v The Owners – Strata Plan No 53093 [2024] NSWCA 291 (3 December 2024) CIVIL PROCEDURE – appeal – purported appeal from District Court judgment on appeal from Local Court – no right of appeal – whether proceedings should be treated as seeking judicial review – no grounds to support reasonably arguable case for review – summons dismissed Download Case PDF
Owners Corporation Strata Plan 39993 v Place Management NSW (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
The Owners Corporation SP 90832 v Dyldam Developments Pty Ltd (No 2) [2024] NSWSC 1538 (2 December 2024) PRACTICE AND PROCEDURE – UCPR 1.21 – Reconsideration of the Court’s conclusion that an order for determination of a separate question be revoked - Application for removal of proceedings on the separate question to the Court of Appeal – Where Court is of the view that the separate question is inappropriate – Application [...]
CARR and THE OWNERS OF 252 COSY CORNER ROAD KRONKUP SURVEY-STRATA SCHEME 55030 [2024] WASAT 132 (2 December 2024) Strata Titles Act 1985 (WA) - Survey-strata scheme - Unauthorised structural works including on common property - Limestone retaining walls - Driveway - Application for retrospective development approval - Scheme dispute - Whether strata company to give owner's consent under cl 62(1)(b) of the deemed provisions in local planning schemes in [...]
Sandhu v Commissioner of State Revenue [2024] QCAT 511 (18 November 2024) ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – review of decision to refuse payment of First Home Owner Grant and for the repayment of the Regional Home Building Boost Grant – decision made on the basis that the house had been occupied by Airbnb guests or on other short-term tenancies for about two years [...]
Kellogg (Aust.) Pty Ltd v The Owners – Strata Plan 81034 [2024] NSWSC 1502 (26 November 2024) LAND LAW – Easements – Extinguishment of easements – Extinguishment by order of court – Where all persons entitled to the easement consent to extinguishment Download Case PDF
Owners Corporation SP6534 v Elkhouri; Owners Corporation SP6534 v Perpetual Corporate Trust Ltd [2024] NSWCA 279 (27 November 2024) COURTS AND JUDGES – Supreme Court – Jurisdiction – Whether Supreme Court lacked jurisdiction to make declaration that condition of by-law unjust – Where statute conferred function of finding condition unjust on NSW Civil and Administrative Tribunal LAND LAW – Strata title – By-laws – Whether condition of by-law that exclusive [...]
Owners Corporation 620160U PS6201 v ACN 071 773 969 Pty Ltd (ACN 071 773 969) [2024] VCAT 1113 (21 November 2024) Costs: Application by applicant for leave to withdraw; leavegiven to applicant to withdraw application; application withdrawn; application by first respondent for costs following applicant’s withdrawal of proceeding – s 74(2)(b); s 109 and s 112 Victorian Civil and Administrative Tribunal Act 1998 – relevant considerations. Download Case PDF
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