APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR 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 on a question of law to the Queensland Civil and Administrative Tribunal – what is error of law – whether there was an error of [...]
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR 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 on a question of law to the Queensland Civil and Administrative Tribunal ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – procedure – appeal – stay pending [...]
APPEAL – Application for a Stay of order requiring Owners Corporation to consent to development application The Owners - Strata Plan No 61618 v JPG Investment Holdings Pty Ltd [2023] NSWCATAP 167 (23 June 2023)
APPEAL – Strata Law – appeal against costs order and order dispensing with a hearing – discretionary decisions - no appealable error found. Veney v The Owners - Strata Plan No 2245 [2023] NSWCATAP 262 (21 September 2023)
APPEALS - STRATA TITLE – by-laws – construction - terms of exclusive use by law - LAND LAW - alleged unreasonable refusal of consent by lot owners and owners corporation to proposed amendment – grounds of appeal not identified - no issue of principle BNK Café Restaurant Pty Ltd v The Owners Strata Plan No. 33676 [2023] NSWCATAP 161 (16 June 2023)
APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing LAND LAW — Strata title — Owners corporation - maintenance and repair of common property - breach of obligation to maintain and repair common property – where lot affected by water leakage –action for work order and recovery of loss by lot owner from owners corporation pursuant to s [...]
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – application to extend time to file appeal – factors determining when Tribunal may extend a time limit include the length of delay, adequacy of explanation, merits, prejudice, and the interests of justice – applicant's familiarity with tribunal proceedings – whether applicant demonstrated difficulty in obtaining legal assistance – length of [...]
ADMINISTRATIVE LAW – Appeal of VCAT decision – Owners Corporation dispute – Renovation works by Lot owner – Breaches of OC rules – Consent required for aspects of renovation works – Raised ceiling and removal of internal wall – Laying of balcony tiles –Whether error in findings that OC rules breached – Whether error in ordering remedy – VCAT ordered Lot owner to remedy breaches by restoring condition of Lot [...]
APPEAL – appeal lodged out of time - from decision in Consumer and Commercial Division - no question of law or basis for a grant of leave Lenux v The Owners - Strata Plan No. 88786 [2023] NSWCATAP 38 (10 February 2023)
COSTS - costs on appeal - whether special circumstances established Scott-Young v The Owners - Strata Plan 77303 [2022] NSWCATAP 289 (7 September 2022)
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