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 – [...]

Mixed Use Development Act 1993 (Qld) (QLD) Modification Cause Legislation updated - version 2024-07-01, effective 01/07/2024, registered in Jade 09/02/2025 Download Case PDF  

Commissioner of Fair Trading v PSMG Pty Ltd [2025] NSWCATAP 34  (18 February 2025) ADMINISTRATIVE LAW – appeal against decision to stay of decision to cancel strata management corporate and individual licences under the Property and Stock Agents Act 2002 – whether Tribunal had regard to mandatory consideration under s 60(3) of the Administrative Decisions Review Act 1997 – effect of appointment of manager pursuant to s 126 of the [...]

Body Corporate for Infinity 1 Community Titles Scheme 45404 v Queensland Building and Construction Commission & Anor [2025] QCAT 54 ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – general administrative review – where applicant made complaint about alleged defective building work – where Queensland Building and Construction Commission decided not to give a direction to rectify to the builder – where applicant sought internal review of [...]

Strata Schemes Management Regulation 2016 (NSW) 03/02/2025 Legislation updated - version 2025-02-03, effective 03/02/2025 Download Case PDF  

Corella Rd Dev Pty Ltd v Body Corporate for Gympie Pines Fairway Villas CTS 36509 [2025] QCA 3 (31 January 2025) REAL PROPERTY – STRATA AND RELATED TITLES – VARIATION, TERMINATION AND RENEWAL – OTHER MATTERS – where the applicant obtained development approval in respect of a material change of use of lot – where the applicant failed to provide notice of a change to a scheme to the respondent [...]

Power v Owners Corporation RP 001439 (Owners Corporations) (Costs) [2025] VCAT 109 (5 February 2025) Application for costs made by parties in concurrent proceedings under s 109(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) – both parties’ applications for costs dismissed. Download Case PDF  

OWNERS — STRATA PLAN NO 102081 v AQUALAND CONSTRUCTION PTY LTD - [2025] NSWSC 31 - BC202501036  (6 February 2025) CIVIL PROCEDURE – interim preservation – freezing orders – where plaintiff owners corporation seeks freezing order against defendant developer – where reasonable to infer defendant developer will sell remaining four residential units and not retain the proceeds of sale – whether a danger that prospective judgment will be unsatisfied – [...]