Sultan v The Owners - Strata Plan no 54721 [2024] NSWCATAP 102 (3 June 2024) APPEAL - expert witness not available for cross examination despite a direction requiring attendance for cross examination - influence of that witness’ reports in considering what weight to be given to the opposing expert witness’ report - denial of procedural fairness - order for remittal - whether order for payment of money should be set [...]
York & Edwards v The Owners - Strata Plan No 675 [2024] NSWCATAP 121 (26 June 2024) APPEAL – strata scheme – reallocation of unit entitlement – exercise of discretion to reallocate – relevant factors for consideration – duties of Tribunal towards unrepresented party – whether denial of procedural fairness - whether discretion miscarried Download Case PDF
The Owners - Strata Plan No 30691 v Pickard [2024] NSWCATAP 126 (28 June 2024) APPEAL – Strata Schemes Management Act 2015 – s 106(5) claim for damages – claim brought outside period of two years provided for by s 106(6) – whether time can be extended under s 41 of the Civil and Administrative Tribunal Act – statutory interpretation – whether the Appeal Panel should follow an earlier decision [...]
Sui v Jiang [2024] NSWCATAP 128 (28 June 2024) PROPERTY LAW-strata titles dispute-noise issue arising from installation of new flooring in a strata scheme unit-whether owner of the unit was in breach of relevant by-laws-expert evidence as to noise measurements and applicable noise rating-Tribunal found breach of relevant by-law in existence when new flooring installed and breach of amended by-law after the new flooring had been installed. APPEALS-whether appeal lodged [...]
Samia v Foster & The Owners – Strata Plan No 67743 [2024] NSWCATAP (31 May 2024) APPEAL — question of law — where owners corporation was dysfunctional — where the Tribunal appointed compulsory strata manager — whether the appellant was denied procedural fairness — whether there was bias — whether Tribunal excluded evidence which was admissible — no error of law — no issue of principle Download Case PDF
APPEAL – costs order – denial of procedural fairness – failure to deal with objection to extension of time to make costs application - no opportunity to make submissions Lenux v The Owners - Strata Plan No 88786 [2024] NSWCATAP 46 (26 March 2024)
APPEAL AND NEW TRIAL – PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SETTING ASIDE – whether the proper interpretation of s 229A of the Body Corporate and Community Management Act 1997 (Qld) excluded from “a related dispute” a debt owing by a body corporate to a lot owner in respect of a different levy period to that forming the claim [...]
APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – body corporate and community management – where adjudicator dismissed application to invalidate an extraordinary general meeting motion – whether material provided with the motion misleading or inadequate – whether adjudicator failed to take account of relevant considerations – whether finding reasonably open Agnew v Body Corporate for Ocean Resort Village (No 1) [2023] QCATA [...]
CONTRACTS – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – CONDITIONS – CONDITIONS PRECEDENT AND SUBSEQUENT – where the appellant and second respondent are body corporates for neighbouring buildings – where the appellant and second respondent were in a dispute regarding, inter alia, water ingress into the basement of the appellant’s building – where the parties signed a deed of settlement in respect of the dispute (‘the Deed’) – [...]
APPEAL AND NEW TRIAL – BODY CORPORATE DISPUTES – whether adjudicator failed to properly investigate application – whether denial of natural justice – whether error of law in finding improvements made to Lot 8 by owners in previous five years in absence of probative evidence – whether error of law in finding lower patio exclusively occupied by Lot 8 owners – whether error in finding disposition of common property – [...]
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