COMMUNITY CORPORATION 22863 INC v KURSACE AIR PTY LTD AND OTHERS (INTERESTED PARTIES) (25 November 2024) REAL PROPERTY - STRATA AND RELATED TITLES - GENERAL MATTERS - JURISDICTION AND POWERS OF COURTS AND TRIBUNALS STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - OBLIGATORY AND DISCRETIONARY PROVISIONS - GENERAL PRINCIPLES STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - REFERENCE TO FRAMEWORK OF ACT Link to Case
York & Edwards v The Owners – Strata Plan No 675 [2024] NSWSC 1478 (20 November 2024) CIVIL PROCEDURE — hearings — application to vacate hearing date Download Case PDF
Choi v The Owners Strata Plan No 53482 [2024] NSWCATAP 233 (19 November 2024) LAND LAW - strata title - common property rights by-law - unreasonable refusal - s 149(1)(b) Strata Schemes Management Act 2015 (NSW) Download Case PDF
Strata Schemes Management Regulation 2016 (NSW) Legislation updated - version 2024-11-08, effective 08/11/2024 Start date: 08/11/2024 Part 1 Preliminary - Regulation 2 Commencement - Regulation 2 Changes to common property - Regulation 2 Vehicles 2 Changes to common property (1) An owner or person authorised by an owner may install, without the consent of the owners corporation— (a) any locking or other safety device for protection of the owner’s lot [...]
CLAY and THE OWNERS OF CARINYA COURT ROCKINGHAM STRATA PLAN 25819 [2024] WASAT 121 (11 November 2024) Strata Titles Act 1985 (WA) - Strata plan - Scheme dispute - Functions of strata company - Functions of council - General meeting of strata company - Extraordinary General Meeting (EGM) - Annual General Meeting (AGM) - Whether notice of AGM invalid - Whether AGM invalid - Whether motions and resolutions passed at [...]
Demir v Liu [2024] NSWCATAP 223 (7 November 2024) LAND LAW — Strata title — By-laws - correct standard for assessing compliance with by-laws APPEALS-whether appeal lodged out of time Download Case PDF
Alta Vale Residential Pty Ltd v The Owners – Strata Plan No. 95693 [2024] NSWCATAP 212 (30 October 2024) APPEALS — Interlocutory decision - Leave to appeal — Refusal of adjournment – leave to appeal refused. APPEALS — Point of law taken below – whether new point of law should be allowed on appeal new point of law not allowed. BUILDING AND CONSTRUCTION – Occupation Certificate – whether document purporting [...]
Strata Schemes Management Regulation 2016 (NSW) (25 October 2024) Legislation updated - version 2024-10-25, effective 25/10/2024 Download Case PDF
Hobart City Council v Rich Tapestry Pty Ltd (23 October 2024) CATCHWORDS: Environment and planning – Environmental planning – Planning schemes and instruments – Tasmania – Other matters – Whether erosion of capacity to form neighbourly bonds causes unreasonable loss of amenity to remaining occupants - Residential function of scheme adequately considered by tribunal - Granting visitor accommodation use would not cause unreasonable loss of amenity to remaining occupants. Aust [...]
Linali Pty Ltd as trustee for the Chakra Family Trust v Body Corporate for Crown CTS 41282 [2024] QCAT 446 (16 October 2024) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES, AND LIABILITIES – where applicant and respondent/body corporate were parties to a caretaking agreement and a letting agreement – where body corporate alleged that the applicant failed to comply with its [...]
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