Chaar v The Owners - Strata Plan 57161 [2024] NSWCATAP 242 (27 November 2024) APPEAL – Error as to date not impacting decision – no basis for grating leave to appeal LAND LAW – Strata title – two-year limitation period – date from which that period commences – extension of time not permitted Download Case PDF
The Owners - Strata Plan No. 100526 v Hamdan [2024] NSWCATAP 222 (6 November 2024) APPEALS – Error on a question of law – scope of discretion conferred by statute misconceived LAND LAW – Strata title – discretionary factors – impact on common property considered – discretion not confined to that impact Download Case PDF
Baker v The Owners - Strata Plan No. 9348 [2024] NSWCATAP 180 (23 September 2024) APPEALS – Finding of breach of duty to maintain and repair common property - exercise of discretion - no error of law- no basis for granting leave to appeal Download Case PDF
Demir v Liu [2024] NSWCATAP 223 (7 November 2024) LAND LAW — Strata title — By-laws - correct standard for assessing compliance with by-laws APPEALS-whether appeal lodged out of time Download Case PDF
Nimmons v The Owners Strata Plan No 10441 (No 2) [2024] NSWCATAP 202 (14 October 2024) COSTS – application for costs by respondent – principles – application dismissed Download Case PDF
Smith v The Owners – Strata Plan No. 43094 [2024] NSWCATAP 186 30 September 2024) APPEAL – leave to appeal – refused LAND LAW – Strata Title – owners carrying out unauthorised works on common property – action to compel removal of works and restoration of common property. Download Case PDF
Nimmons v The Owners Strata Plan No 10441 [2024] NSWCATAP 157 (9 August 2024) APPEALS - Constructive failure to exercise jurisdiction - Appeal allowed APPEALS - Leave to appeal - Principles governing - Leave to appeal refused LAND LAW - Strata title – Whether a quarantine order should be made - Quarantine order made Download Case PDF
Dart v The Owners - Strata Plan No. 71849 [2024] NSWCATAP 145 (26 July 2024) APPEAL – Errors on questions of law – no evidence to support finding - failure to consider a party’s submissions – not applying legal principle. STRATA - Duty to maintain and repair common property – liability of owners corporation for damage for breach of duty. LIMITATION OF ACTION – whether s 106(6) Strata Schemes Management [...]
Hegyesi v Body Corporate for Aloha [2024] QCATA 76 (2 August 2024) 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 return property of the respondent – whether denial of procedural fairness – whether adjudicator had jurisdiction to make the order – whether time bar to respondent’s [...]
ARV Group as Trustee v Body Corporate for La Terraza Bowen Hills CTS 29629 [2024] QCATA 86 (30 August 2024) BY-LAWS DISPUTE – community title scheme – common property area – exclusive parking facilities – where parking area annexed to medical centre – whether contravention of by-laws – whether contravention notice valid – interpretation of Notice – whether Notice inconsistent with Act – operation of Acts Interpretation Act 1954 (Qld) [...]
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