The Eddie Arnott Corporation Pty Ltd v Sydney Metro [2025] NSWLEC 12 (27 February 2025) PROCEDURAL RULINGS – objections to evidence – evidence refers to communications made in s 10A of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) period and s 34 Land and Environment Court Act 1979 (NSW) conciliation conference – rulings made Download Case PDF  

The Owners - Strata Plan 82089 v Omaya Holdings Pty Ltd (No 4) [2025] NSWSC 111 (26 February 2025) COSTS – party/party – general rule that costs follow event – multiple discrete issues – whether decision on costs should be deferred pending reference of remaining issues COSTS – party/party – bases of quantification – indemnity basis – where offer of compromise made before hearing – defendants entitled to indemnity costs [...]

The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd [2025] NSWSC 66  (25 February 2025) APPEAL — question of law — Civil and Administrative Tribunal — proceedings for breach of statutory warranties implied by Home Building Act 1989 (NSW) in residential building work — six year warranty period — Owners Corporation commenced proceedings four months after expiry of six year period — whether proceeding commenced in time — [...]

The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd (No 2) [2025] NSWSC 107   (19 February 2025) COSTS – security for costs – relevant factors – where application made by defendant builder that plaintiff owners corporation provide security – whether reason to believe owners corporation could not meet adverse costs order – whether security should be ordered as a matter of discretion – where defendant builder [...]

The Owners – Strata Plan No. 76907 v Sydney Metro [2025] NSWLEC 6 (12 February 2025) PRACTICE AND PROCEDURE – notice of motion – leave to adduce expert evidence – failure to comply with the Court’s directions – applicant’s inexcusable delay in filing evidence – ss 56, 57 and 58 Civil Procedure Act 2005 – Uniform Civil Procedure Rules 2005 – prejudice to applicant – leave granted – indemnity costs [...]

 Akdogan v The Owners - Strata Plan No 55665 [2025] NSWCATAP 39 (20 February 2025) COSTS – costs application by the respondent against non-parties – principles – appeal lodged by non-parties - withdrawal of appeal by the non-parties - no hearing on the merits – costs application dismissed Download Case PDF  

Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63 (20 February 2025) LAND LAW – Strata title – Construction of poorly drafted by-law – Heading of by-law at least part of context in which terms to be construed whether or not part of by-law and whether or not by-law regarded legislative in character – By-law in question does not encompass approval of relevant works – By-law could not [...]

DELGA NOMINEES PTY LTD and THE OWNERS OF 5 GALE STREET BUSSELTON (STRATA SCHEME 25723) [2025] WASAT 7 (29 JANUARY 2025) Strata scheme - Structural alteration of lot - Proposed construction of boatshed - Application to Tribunal to exempt boatshed from requirement to have the approval of all lot owners - Application for exemption granted Download Case PDF  

Bavulo Pty Limited v Zhang Property Pty Limited [2025] NSWCA 9 (11 February 2025) EQUITY — Equitable remedies — Specific performance — Contract for the sale and purchase of land 2022 edition — where vendor issued a notice to complete — where completion did not occur — where vendor issued a notice of termination — where purchaser sought specific performance of contract in circumstances where vendor said to be in [...]

The Owners - Strata Plan No 87639 v Karimbla Properties (No4) Pty Ltd [2025] NSWSC 58  (13 February 2025) CIVIL PROCEDURE – pleadings – amendment – late application for amendment – where plaintiff served evidence-in-chief concerning alleged defects based on inspection of some of likely affected units – where plaintiff adduced evidence that such defects likely to be systemic – where lengthy settlement negotiations followed but were not successful – [...]