Elliott v Elly Property Wright Residential Pty Ltd (No 2) (4 July 2025) REAL PROPERTY – CAVEATS – application to remove caveat – multi-unit residential development – caveats lodged by purchasers prior to units plan registration – caveats apply to entire development plot – mechanical process of registering units plan – removal of caveats required to register units plan – orders made to remove existing caveats and enter new caveats on [...]
Stevens v Body Corporate for Atlantis West CTS 8790 [2025] QCATA 49 (15 May 2025) BODY CORPORATE – JOINDER – whether parties’ interests are affected – whether there is utility in joining party to the proceedings – whether discretion to join should be exercised Download Case PDF
Tyrrell v Body Corporate for the Aurora Tower CTS 35222 [2025] QCATA 34 (17 April 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – body corporate and community management – where adjudicator dismissed appellant’s application for declarations and orders about the approval of a vergola – whether vergola encroached on common property airspace – whether error of [...]
Body Corporate for Lakeview Manor v Beasley [2025] QCATA 67 (27 June 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – body corporate and community management – where adjudicator ordered appellant to repair termite damage and reinstate garage door lock – whether denial of procedural fairness – whether no evidence to support findings – whether failure to [...]
Taubert & Ors v Body Corporate for Grenache [2025] QCATA 61 (27 June 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – QUESTION OF LAW – where s 289(2) of the Body Corporate and Community Management Act 1997 (Qld) allows a person aggrieved by an adjudicator’s order to appeal only on a question of law to Appeal Tribunal – meaning [...]
Justlainer Pty Ltd ATF the Trevor and Allison Black Family Trust v The Body Corporate for Ko Huna Resort Village CTS 27120 & Anor [2025] QCATA 52 (28 May 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where claim in damages for breach of contract in relation to caretaking agreements and letting authority – where trustee [...]
The Owners – Strata Plan No. 12971 v Elabelzan Pty Ltd [2025] NSWCATCD 37 (2 June 2025) COSTS – settlement of proceedings – circumstances in which a costs order should be made where proceedings settle – no circumstances justifying departing from the position that costs will not usually be awarded where proceedings are settled. COSTS - special circumstances – whether established Download Case PDF
SAJE and THE OWNERS OF 36B THIRD AVENUE, MT LAWLEY STRATA PLAN 21602 [2025] WASAT 61 (1 July 2025) Interim application - Whether a proceeding is wholly or in part lacking in substance or is an abuse of process - Turns on own facts Download Case PDF
LENANE and THE OWNERS OF HARBOUR PINES STRATA PLAN 23297 [2025] WASAT 53 (12 June 2025) Strata titles - Maintenance (10 year) plan - Compared with budget - Whether approved maintenance plan a budget - Whether requirements for notices of meeting met - Discretion - Voting - Applicants' exclusion as unfinancial - Oppressive and unreasonable conduct Download Case PDF
The Owners – Strata Plan No 93543 v Zhang (No 3) [2025] NSWSC 571 (4 June 2025) BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranty – proceedings for breach – whether proceedings were commenced by plaintiff owners corporation within the warranty period – whether effect of interim occupation certificate was to cause warranty period to commence – whether interim occupation certificate authorised “the occupation and use [...]
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