Owners Corporation PS801173C v Devakon Pty Ltd (Building and Property) [2025] VCAT 830  (17 September 2025) Domestic Building: Owners Corporation and individual lot owners pursue domestic builder in respect of defects in an apartment building constructed for a developer in Malvern East, Victoria; numerous defects were alleged but the respondent contended that some defects had arisen as a result of work carried out by others after the termination of the [...]

The Owners - Strata Plan No. 550 v Artuphel [2025] NSWCATCD 82 (8 July 2025) LAND LAW — Strata title — Common property — Maintenance and repair of common property — Order to reinstate where no authorisation for lot owner works given Download Case PDF  

Body Corporate for Flagstone Village CTS 33183 v Valuer-General, Department of Resources [2025] QCAT 348 (18 September 2025) REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES, AND LIABILITIES – where s 312 of the Body Corporate and Community Management Act 1997 requires a proceeding be started only if authorised by special resolution of body corporate – whether a ‘flying minute’ complying with [...]

Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2025] NSWSC 1065 (18 September 2025) Administrative Law – Review of administrative decision – Statutory appeal under s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) – Whether question of law or fact – Where Appeal Panel finding concerned only a question of fact – Where leave to appeal would nonetheless be refused Download Case [...]

Sydney Gold Bullion Exchange Pty Ltd v The Owners – Strata Plan No 34794 [2025] NSWCATCD 69 (28 July 2025) LAND LAW – Strata title – Strata plan – Unit entitlements – Strata Schemes Management Act 2015 (NSW) s 236 – Order allocating unit entitlements – Requirement for certificate of valuation – Whether certificate required to value all lots or only those whose unit entitlement is proposed to be changed [...]

FitzGerald v Foxes Lane (NSW) Pty Ltd [2025] NSWCA 212 (18 September 2025) LAND LAW — easements — substantial interference with easements — whether cropping over a right of carriageway constituted a substantial interference with dominant owner’s rights — remedies for substantial interference — whether dominant owner entitled to construct proposed crowned road — width of road which the dominant owner is entitled to undertake work on — whether 14 [...]

Owers-Brown v The Owners-Strata Plan No 92562; Nakkan v The Owners-Strata Plan No 92562 [2025] NSWCATCD 67 (22 August 2025)   LAND LAW – strata title – Strata Schemes Management Act 2015 (NSW) – whether timber decking is lot property or common property – duty of owners corporation to repair or replace – s 106 Strata Schemes Management Act 2015 (NSW) – whether duty breached – appropriate remedial orders Download Case [...]

Body Corporate 564955 vs Halavaka, Riley Drew and other parties (App No 9065384) [2025] NZTT 9065384 (31 July 2025) TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA The body corporate has applied for recovery of unpaid levies, outgoings (rates), interest, costs and the filing fee from the unit owner. Download Case PDF  

The Eddie Arnott Corporation Pty Ltd v Sydney Metro (No 4) [2025] NSWLEC 103 (15 September 2025) COMPULSORY ACQUISITION OF LAND — compensation — freehold claim and leasehold claim — market value — special value — disturbance — joint occupancy Download Case PDF  

RETALLICK v OWNERS — STRATA PLAN No 90567 - [2025] VSC 576 - BC202514389  (12 September 2025) PRACTICE AND PROCEDURE – SUMMARY JUDGEMENT APPLICATION – Applications by third parties for summary judgment, or in the alternative, strike out of the first defendant’s third party notices ― Laying of a polished concrete surface within part of construction of a development including a shopping precinct ― Whether documentary evidence provided in application [...]