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APPEAL; extension of time for late lodgement - appellants prospects of success - appeal against dismissal of costs application where appellant had mixed success. Shousha v Owners Strata Plan 2657 [2021] NSWCATAP 405 (15 December 2021)
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APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHERE APPEAL LIES – ERROR OF LAW – where appeal from Adjudicator’s decision only on a question of law – where part of common property used as bike racks - where bike racks interfere with access to the applicant’s exclusive use carpark – where bike racks had been in existence for many years prior to the [...]
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APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – 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 only – where grounds of appeal did not reveal error of law REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – [...]
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APPEALS - Land law - Strata titles - Owners corporation - Duty to repair common property - Whether duty breached - Whether decision fair and equitable Ashlin v The Owners-Strata Plan No 50705 [2021] NSWCATAP 413 (21 December 2021
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COSTS — Party/Party — exceptions to general rule that costs follow the event — denial of procedural fairness - whether special circumstances warranting an award of costs J's Absolute Services Pty Ltd v The Owners - Strata Plan No 67246 [2021] NSWCATAP 315 (12 October 2021)
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COSTS – Whether special circumstances existed – Costs where appeal is withdrawn without a hearing on the merits Brenchley v Clissold [2021] NSWCATAP 319 (20 October 2021)
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APPEAL – failure to bring originating application within a reasonable time – failure of Tribunal to consider arguments not put to it where litigant self-represented – matters raised on appeal not raised before Tribunal at first instance Taylor v The Owners SP No 61285 [2021] NSWCATAP 270 (10 September 2021)
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Strata and community schemes – duty of owners corporation to maintain and repair common property – reinstatement duty in respect of damage to or removal of lot property in course of access to fulfil duty in respect of common property – costs protection for successful lot owners under SSMA ss 90, 92, 104 The Owners - Strata Plan No. 36613 v Doherty; Doherty v The Owners - Strata Plan No. [...]
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APPEALS — from exercise of discretion — procedural decisions — refusal to extend time for filing summons — reasons for delay — significance of first instance decision decided on basis of authority later overturned on appeal — interest rei publicae ut sit finis litium COSTS — costs assessment — determination — review/appeal — jurisdiction to appeal from certificates in proceedings commenced prior to 1 July 2015 HUANG v THE OWNERS OF [...]
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APPEAL — NCAT— leave to appeal from interlocutory decision of Consumer and Commercial Division - question of law - leave to appeal STRATA SCHEMES - interlocutory question - application under s 238 Strata Schemes Management Act 2015 - whether "interested person" under s 226 Strata Schemes Management Act 2015 - meaning of "lawful occupier" - application by executor prior to grant of probate - whether an "estate or interest" in [...]
