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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
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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
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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 [...]
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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 [...]
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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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The Owners – Strata Plan No 52378 v Huang [2025] NSWLEC 1125 (6 March 2025) TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – whether strata plan can make an application – whether multiple applications required – neighbouring cypress hedges – obstruction of sunlight and views – whether the obstruction is severe – balancing of interests – orders for tree removal, tree pruning and ongoing maintenance Download Case PDF
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The Owners - Strata Plan No 95242 v Karimbla Properties (No 42) Pty Ltd (No 2) [2025] NSWSC 148 (5 March 2025) COSTS – costs assessment – procedure – where plaintiff to pay defendants’ costs thrown away Download Case PDF
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SWIFT -v- THE OWNERS OF 5 & 7 UPTON PLACE, LANGFORD STRATA PLAN 38498 [2025] WASCA 30 (28 February 2025) Whether a by‑law was validly passed - Special resolution of strata company - Statutory construction of s 3B of the Strata Titles Act 1985 (WA), since repealed Download Case PDF
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THE OWNERS OF 875 WELLINGTON STREET, STRATA PLAN 13599 and KAMIL ALSO KNOWN AS AHMED KAMIL [2025] WASAT 19 (28 February 2025) Strata Titles Act 1985 (WA) - Scheme dispute - Whether Scheme by-law which permits the Strata Company to charge fees for parking on the common property is valid - Whether Strata Company has the power to charge for parking on the common property - Whether a lot owner [...]
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Fuse Architecture Pty Ltd v Georges River Council [2025] NSWLEC 1120 (28 February 2025) DEVELOPMENT APPLICATION – shop top housing – vehicular access through adjoining land – conciliation conference – amended plans – agreement between the parties – orders made Download Case PDF
