Bishop v Neighbourhood Association DP No 286150 [2025] NSWCATCD 22 (23 April 2025) LAND LAW – Community Title – Neighbourhood Scheme – Dispute resolution – Tribunal has jurisdiction to resolve a dispute concerning the construction and application of an agreement between a neighbourhood association and a lot owner – Circumstances in which it is appropriate to make an order requiring the neighbourhood association to carry out work required under the [...]
Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel [2025] NZSC 61 28 May 2025 The applicant, Mr Belgiorno-Nettis, has filed an application for leave to appeal to this Court from a decision of the Court of Appeal declining to award him indemnity costs against the first respondent, the Auckland Unitary Plan Independent Hearings Panel (the Panel). The application for leave arises from a protracted dispute about the Auckland Unitary Plan [...]
Body Corporate for Anchorage One CTS 35311 v Huang [2025] QCA 84 (27 May 2025) REAL PROPERTY – STRATA AND RELATED TITLES – VARIATION, TERMINATION AND RENEWAL – OTHER MATTERS – where the applicant is a body corporate – where the respondent is the owner of the only commercial lot in the scheme – where the respondent commenced proceedings in QCAT for an adjustment of the lot entitlements under Body [...]
The Owners-Strata Plan No.100526 v Hamdan (No 2) [2025] NSWCATAP 16 (22 January 2025) APPEALS – STRATA TITLE- costs of appeal - no special circumstances warranting an award of costs Download Case PDF
Van der Rijt v Collins [2024] NSWCATAP 247 (6 December 2024) APPEAL- common property rights by-law- consent required under sections 143 and 149 of the Strata Schemes Management Act 2015. Download Case PDF
Hutcheson v Body Corporate for Chateau Bohemia CTS 17563 [2025] QCAT 21 (17 January 2025) STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – whether application is a complex dispute as defined by the Body Corporate and Community Management Act 1997 within the Tribunal’s jurisdiction – whether misconceived and ought to be dismissed – whether costs order should be made Download Case PDF
Gilbert v Whitford (Owners Corporations) [2025] VCAT 107 (4 February 2025) Two-lot subdivision; application seeking declaration that the owners corporation has unreasonably withheld consent to a proposed development of a lot contrary to Model Rule 5.2 of the Owners Corporations Rules in Schedule 2 of the Owners Corporations Regulations 2018; Owners Corporations Act 2006 section 165 - what orders the Tribunal may make where it finds a breach of rules; [...]
Schinaia v Simmonds (Owners Corporations) [2025] VCAT 139 (10 February 2025) Application to amend minutes of general meetings, application to amend contents of Chairman’s report tabled at a general meeting, application to seek an order requiring a lot owner not to re-commence video surveillance, Owners Corporations Act 2006 (Vic) s 81 considered, Tribunal’s power to amend minutes of meetings, application dismissed Collins v Network Pacific Strata Management Pty Ltd (Owners [...]
Rokon Holding Pty Ltd v River St Property Nominees Pty Ltd [2025] VSC 96 (13 March 2025) JUDICIAL REVIEW — Appeal from the Victorian Civil and Administrative Tribunal —Dispute between lot holders — Summary dismissal application before Tribunal based on unjustified proceedings and want of prosecution — Summary dismissal test a ‘high bar’ — ‘hopeless’ or ‘bound to fail’ test for dismissal at Tribunal distinguished from Civil Procedure Act 2010 [...]
Morgan v Owners Corporation 428646N (Owners Corporations) [2025] VCAT 104 (6 February 2025) Damp common property slab affecting private lot, Water Act 1989 (Vic) claim not proved, claim for repairs and maintenance under section 46 Owners Corporations Act 2006 (Vic) proved. Download Case PDF
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