APPEAL – Costs of discontinued appeal - whether special circumstances established pursuant to s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) Li v Kerollos Property Pty Limited ACN 162 903 335 [2022] NSWCATAP 307 (20 September 2022)
APPEALS — constructive failure to exercise jurisdiction APPEALS — Procedure — Time limits — Extension of time – application granted COSTS – appeal from exercise of discretion in finding special circumstances to make award for costs - appeal dismissed COSTS – application that the appellant pay the respondent’s costs of the appeal – application dismissed Hill v The Owners - Strata Plan No 16519 [2022] NSWCATAP 234 (18 July 2022)
APPEAL - proceedings commenced in the Supreme Court prior to commencement of tribunal proceedings - whether cl5(7) of schedule 4 of the Civil and Administrative Tribunal Act precluded the tribunal from having jurisdiction to determine relevant issues - whether an issue for determination before the tribunal was the subject of dispute before the Supreme Court - whether there is a risk of concurrent and inconsistent findings being made in the [...]
APPEAL – application for a stay – dismissal of application against some but not all respondents at first instance – power to stay conduct of proceeding at first instance in light of that order – parties to appeal not properly identified by appellant – costs – whether “special circumstances warranting an award of costs” within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) established [...]
ADMINISTRATIVE LAW – NCAT Appeal – Leave to appeal – Whether the Appeal Panel erred in joining parties – Whether there was an injustice going beyond what was reasonably arguable – Whether there is an issue of principle or a question of public importance – Appeal dismissed Keevers v Sarraf Property Group Pty Ltd [2022] NSWSC 1017 (28 July 2022)
APPEAL – Strata - Contributions to a special levy - power to alter contributions – ambit of order making power under s 87 and s 232(1) – effect of order varying unit entitlement Quo Warranto Pty Ltd v Goodman [2022] NSWCATAP 315 (30 September 2022)
LAND LAW – Strata titles –Common Property – Maintenance and repair of common property–Claim by lot owner for compensation pursuant to s 106(5) Strata Schemes Management Act 2015 (NSW) APPEAL – Procedural fairness – Treasurer of owners corporation refused leave to represent the owners corporation until he produced evidence of authority – Whether refusal of leave could have affected the outcome of the proceedings The Owners - Strata Plan No [...]
STRATA TITLE – common property by law – Unauthorised works - whether unauthorised works by lot owners altering common property should be ordered to be removed The Owners - Strata Plan No 20427 v A Halliwell Nominees Pty Ltd [2022] NSWCATAP 225 (08 July 2022)
STRATA TITLE – awarding damages to a lot owner for breach of the statutory duty in s 106(1) of the Strata Schemes Management Act 2015 – duty to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation - - whether the Tribunal had power under s232 of the SSMA to order the owners corporation to rectify [...]
LAND LAW - Strata titles - application for the appointment of a compulsory strata manager under s 237 of the Strata Titles Management Act 2015 (NSW) (SMA) - alleged failure by the owners corporation to comply with consent orders made in earlier proceedings in respect of rectification work to be done for the benefit of a lot owner, including to raise special levies - alleged breach by the owners corporation of s 106 [...]
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