Davis Stack Capital Pty Ltd v Raj & Jai (Mudgee) Pty Ltd [2025] NSWSC 599 (13 June 2025) CONTRACTS — Remedies — Specific performance — Whether buyer ought be ordered to specifically perform unit sale and purchase agreement — Whether buyer’s parent ought be ordered to specifically perform guarantee and/or indemnity GUARANTEE AND INDEMNITY — Actions to enforce guarantee — Guarantors liability — Whether guarantee on proper construction is “see [...]

Pineiro v Sultana [2025] NSWCATAP 132 (11 June 2025) APPEAL - Residential Tenancies Act 2010 (NSW) -  setting aside consent orders - duress - unconscionable conduct - interpretation of Tribunal orders - extension of time Download Case PDF  

Result Strata Management Pty Ltd v Commissioner for Fair Trading; Lee v Commissioner for Fair Trading [2025] NSWCATOD 68 (4 June 2025) ADMINISTRATIVE LAW – administrative review of disciplinary decisions – applications to stay operation of decisions – factors relevant to stay Download Case PDF  

Sanctuary Cove Principal Body Corporate GTP 202 v Buttner [2025] QCAT 214 (17 April 2025) CATCHWORDS: REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – GENERALLY – where respondents applied to body corporate for approval to carry out building works – where works approved – where body corporate says works non-compliant with development approvals, conditions and plans – where neighbour of respondents complained to applicant body [...]

Damjanovski v Owners Corporation 1 Plan No. PS503570D (Owners Corporations) [2025] VCAT 484 (29 May 2025) Lot owner liability to repair tiles, screed and waterproofing on external balcony within a lot where boundaries defined by building are described as "interior face”; Application of Owners Corporations Act 2006 ss 4,46, 47, 48, 49; Owners Corporation PS508732B v Fisher [2014] VCAT 1358 considered and followed; Seiwa Pty Ltd v Owners Strata Plan [...]

1128 CG Pty Ltd (ACN 662 166 645) as trustee for the 1128 CG Unit Trust v MH Affordable Homes on Kelly Pty Ltd (ACN 619 338 591) [2025] NSWSC 563  (2 June 2025) LAND LAW – specific performance – alleged competing interest – where off the plan sales and subsequent sale of entire Lot without disclosure of earlier off the plan contracts – whether off the plan purchasers have [...]

Quarry Street Pty Ltd v Minister Administering the Crown Land Management Act 2016 [2024] NSWCA 107 (10 May 2024) LAND LAW — Indigenous land rights — Aboriginal Land Rights Act 1983 (NSW) — Claimable Crown lands — Lawfully used or occupied for the purposes of s 36(1)(b) — Definition of “land” — Where land claimed is subject to a lease granted by the Crown — Where no lawful physical use [...]

Lendlease Communities (Figtree Hill) Pty Ltd v Mount Gilead Pty Ltd (No 4) NSWSC 551 (29 May 2025) CIVIL PROCEDURE – form of final orders to give effect to judgment – where Court has made determination of proper construction of the Deed – where neither party sought any order as to status of the Deed following determination – where plaintiffs now seek to amend pleadings to find Deed has been [...]

Rao Nallamouthou v The Owners-Strata Plan No 39988 (No 2) [2025] NSWCATCD 21(15 April 2025) COSTS - special circumstances – whether established Download Case PDF  

STRATA PLAN 88695 v METLEGE - [2025] NSWSC 535 (23 May 2025) CIVIL PROCEDURE — Commencement of proceedings — Summons — Setting aside — Whether a high degree of certainty claim would fail at trial — Whether claim so obviously untenable it cannot possibly succeed — Whether respondent was a consumer pursuant to ACL — Whether construction materials were purchased for re-supply — Whether claim was time-barred — Constructive awareness [...]