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The Owners-Strata Plan No.100526 v Hamdan (No 2) [2025] NSWCATAP 16 (22 January 2025) APPEALS – STRATA TITLE- costs of appeal - no special circumstances warranting an award of costs Download Case PDF
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Van der Rijt v Collins [2024] NSWCATAP 247 (6 December 2024) APPEAL- common property rights by-law- consent required under sections 143 and 149 of the Strata Schemes Management Act 2015. Download Case PDF
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The Owners Of Hubbard House Strata Plan 9814 v Mckirdy [2024] WASC 490 (20 December 2024) • Criminal law - Appeal from Magistrates Court - Appeal against a decision to convict - Offence of owner permitting vehicle to park in the Perth Parking Management Area without a licence contrary to s 7 of the Perth Parking Management Act 1999 (WA) - Proper construction of s 7 of the Perth Parking [...]
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Carroll and Ors v The Owners – Strata Plan no 37248 [2025] NSWCATAP 59 (24 March 2025) APPEAL- whether an application under s 149(1)(c) of the Strata Titles Management Act must be brought within the time of 28 days provided for by r 23(3)(b) of the Civil and Administrative Rules Download Case PDF
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Duffy v Body Corporate for Park Square [2025] QCATA 22 (27 February 2025) APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where s 289(2) of the Body Corporate Community Management Act 1997 (Qld) allows a person aggrieved by an Adjudicator’s order to appeal on a question of law to the Queensland Civil and Administrative Tribunal – [...]
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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 — [...]
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Lim v The Owners – Strata Plan No 51159 [2025] NSWCATAP 14 (21 January 2025) APPEAL – strata scheme – removal of screen door to lot by owners corporation – fire safety requirements – whether owners corporation entitled to remove door - conduct of hearing before Tribunal – whether denial of procedural fairness – whether reasons inadequate – constructive failure to exercise jurisdiction Download Case PDF
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MAARTENS V BODY CORPORATE FOR MONTAGUE MARKETS SOUTH [2025] QCATA 3 (3 January 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 for want of jurisdiction – where appellant no longer a lot owner - whether appellant was a relevant person – [...]
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Choi v The Owners – Strata Plan No 53482 (No 2) [2025] NSWCATAP 10 (10 January 2025) COSTS — section 60 Civil and Administrative Tribunal Act 2013 (NSW) — special circumstances — whether established Download Case PDF
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Gabriela v The Owners – Strata Plan No. 52108 [2024] NSWCATAP 224 (11 November 2024) APPEALS – leave to appeal - procedural fairness – alleged failure to be served – evidence of service Download Case PDF
