GODWIN and KEET [2025] WASAT 93 (11 September 2025) Strata Titles Act 1985 (WA) - Application alleging contravention of scheme by-laws - Whether 'resident' is an 'occupier' - Occupier - Strata Manager - Strata management contract - Council - Whether strata manager contract terminated - Whether council validly constituted - Proper construction of governance by-laws for council matters - Whether vacancy on council - Whether council quorate - Whether termination [...]

The Owners - Strata Plan No 16460 v Hunter Water Corporation [2025] NSWSC 1029 (10 September 2025) TORTS — nuisance — private nuisance — plaintiffs’ properties flooded after water main owned and operated by Hunter Water Corporation burst — whether defendant’s interference with enjoyment of plaintiffs’ property was unreasonable — whether unreasonableness is an element of nuisance DAMAGES — property damage loss — claim for loss to property value due [...]

OWNERS — STRATA PLAN No 16460 v HUNTER WATER CORPORATION - [2025] NSWSC 94 (20 August 2025) CIVIL PROCEDURE — Originating process — Amendment — Plaintiffs seek to add a new claim — Where application is late — Where claim may be untenable — Where claim would be heard on evidence already before the Court — Where there is no prejudice to the defendant Download Case PDF  

ZHENG v OWNERS — STRATA PLAN No 83678 - [2025] NSWSC 1038 (8 September 2025) LAND LAW – Strata title – Owners corporation –Where NCAT authorises a by-law regularising the construction of an awning carried out without a resolution of the Owners Corporation by approving a by-law – Where Owners Corporation appeals to the Appeal Panel of NCAT and appeal has been set down for hearing – Where four lot [...]

Owners Strata Plan 43470 v Jameson & Associates Unit Services Pty Ltd [2025] NSWSC 1028 (9 September 2025) CIVIL PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 20.29 – offer of compromise – whether Magistrate applied subjective test of contractual formation – no error APPEALS – Local Court Act 2007 (NSW), ss 39, 40, 41 – ground of appeal raised question of fact – no basis upon which [...]

Colman v The Owners – Strata Plan 61131 [2025] NSWCA 203 (4 September 2025) CIVIL PROCEDURE — Court of Appeal — application for leave to appeal — whether primary judge constructively failed to exercise jurisdiction in determining whether the respondent had breached its obligations under s 106 of the Strata Schemes Management Act 2015 (NSW) — where none of the applicant’s contentions of error identified any arguable constructive failure to [...]

Strata Plan 94402 v Chen, in the matter of Chen [2025] FCA 1071 (04 September 2025) BANKRUPTCY – application to annul bankruptcy – whether bankrupt is solvent – cash flow test – where bankrupt has net positive equity – where bankrupt has no source of income – where bankrupt requires financial support from family members – where bankrupt unable to pay debts as and when they become due and payable [...]

ZHAO and THE OWNERS OF 5 WIMBLEDON STREET BECKENHAM STRATA SCHEME 40695 [2025] WASAT 87 (26 AUGUST 2025) Strata Titles Act 1985 (WA) - Two-lot scheme - Commercial premises - Application by owners seeking resolution of scheme dispute - Strata company - Strata manager - Council - Whether strata manager validly appointed - Whether legal representative validly appointed - Whether strata company authorised to have administration fund - Contributions - [...]

The Owners – Strata Plan No 7114 v Northern Beaches Council [2025] NSWCA 197 (27 June 2025) CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees TORTS — [...]

McElhone v Artemisia Nominees Pty Ltd [2025] NSWCATCD 65 (27 June 2025) LAND LAW – strata title – Strata Schemes Management Act 2014 (NSW) – amended by-law – whether amended by-law should be revoked – s 148 Strata Schemes Management Act 2015 (NSW) – noise transmission from lots – interference peaceful enjoyment – breach of by-laws – nuisance – s 153 Strata Schemes Management Act 2015 (NSW) Download Case PDF [...]