Appeals Archives | Page 8 of 8

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APPEAL – strata scheme – reallocation of unit entitlements – application to vary past contributions in line with new allocation of unit entitlements – application of s 87 of Act – denial of procedural fairness – exercise of discretion – while error of law found no error in exercise of discretion Trentelman v The Owners - Strata Plan No 76700 [2021] NSWCATAP 222 (21 July 2021)

Member ContentNina Psaltis2023-04-12T08:52:28+10:00

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APPEALS — procedure — time limits — extension of time — principles — delay of two years — no question of principle The Owners - Strata Plan No 76700 v Trentelman [2021] NSWCATAP 205 (9 July 2021)

Member ContentNina Psaltis2023-04-12T08:52:42+10:00

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APPEALS – Application for leave to appeal – no question of principle – whether the Tribunal erred in finding that the appellants were not parties to the contract relied on Stemp v Otis Elevator Company Pty Ltd [2021] NSWCATAP 220 (20 July 2021)

Member ContentNina Psaltis2023-04-12T08:52:56+10:00

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APPEALS-orders consequential upon substantive decision-remittal of claims for redetermination-costs COSTS - -costs of the appeal follow the event-substantial success by the appellant LAND LAW - Strata title –orders consequential upon substantive decision-set aside appointment of compulsory strata manager-set aside orders varying amount of the levy The Owners - Strata Plan No 1813 v Keevers, Bourke and Fardell (No 2) [2021] NSWCATAP 229 (30 July 2021)

Member ContentNina Psaltis2023-04-12T08:53:10+10:00

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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 [...]

Member ContentNina Psaltis2023-04-12T08:57:06+10:00