Moore v The Body Corporate of 19 Maryvale Street CTS 10427 [2024] QCAT 46 (9 February 2024)

STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – whether application is a complex dispute as defined by the Body Corporate and Community Management Act 1997 within the Tribunal’s jurisdiction – whether application was brought against the proper respondent – whether misconceived and ought to be dismissed – whether matter should be transferred – whether costs order should be made Body Corporate and Community Management Act [...]

Moore v The Body Corporate of 19 Maryvale Street CTS 10427 [2024] QCAT 46 (9 February 2024)Nina Psaltis2024-04-23T12:57:52+10:00

Perrin v Ernst Body Corporate Management [2024] QCAT 87 (19 February 2024)

STATE AND TERRITORY COURTS: JURISDICTION, POWERS AND GENERALLY – JURISDICTION – GENERALLY – whether application is a complex dispute as defined by the Body Corporate and Community Management Act 1997 within the Tribunal’s jurisdiction – whether misconceived and ought to be dismissed – whether costs order should be made Body Corporate and Community Management Act 1997 (Qld), s 47AA, s 47B, s 48, s 133, s 149A, s 149B, s [...]

Perrin v Ernst Body Corporate Management [2024] QCAT 87 (19 February 2024)Nina Psaltis2024-04-23T12:52:10+10:00

WLK Management Pty Ltd v Body Corporate for The Persse Villas CTS 27758 [2023] QCAT 458 (8 December 2023)

BODY CORPORATE AND COMMUNITY MANAGEMENT – COMPLEX DISPUTE – JURISDICTION – whether dispute the subject of application was a ‘complex dispute’ within the meaning of the Body Corporate and Community Management Act 1997(Qld) (BCCMA) – whether s 149B of the BCCMA applied – where dispute also the subject of arbitration agreement – where respondent sought referral of dispute to arbitration – whether dispute required to be referred to arbitration pursuant to s 8 of the Commercial [...]

WLK Management Pty Ltd v Body Corporate for The Persse Villas CTS 27758 [2023] QCAT 458 (8 December 2023)Nina Psaltis2024-04-23T12:44:16+10:00

Villan v The Body Corporate for The Winston (Cairns) Community Titles Scheme 37263 [2024] QCA 31 (8 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 [...]

Villan v The Body Corporate for The Winston (Cairns) Community Titles Scheme 37263 [2024] QCA 31 (8 March 2024)Nina Psaltis2024-04-23T12:37:18+10:00

Hodgson & Sweeny v The Committee of Seafarer Chase [2023] QCAT 404 (11 October 2023)

REAL PROPERTY – STRATA AND RELATED TITLES MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTUES AND LIABILITIES Validity and Relevance of Termination of caretaking agreement by Body Corporate – whether manager terminated the caretaking agreement validity of notice Body Corporate and Community Management Act 1997 Queensland Civil and Administrative Tribunal Act 2009, s 47(1)(a) Hodgson & Sweeny v The Committee of Seafarer Chase [2023] QCAT 404 (11 October 2023)

Hodgson & Sweeny v The Committee of Seafarer Chase [2023] QCAT 404 (11 October 2023)Nina Psaltis2024-04-23T12:29:37+10:00

Dunlop v the Body Corporate for Port Douglas (20 February 2024)

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – striking out application – striking out and/or dismissal of an Applicant's claim pursuant to s 47 of the QCAT Act – ASSIGNMENT OF LETTING AND CARETAKING SERVICES CONTRACTS – whether the Body Corporate committee was properly constituted to authorise the assignment of the contracts – whether the contracts purportedly transferred from one person [...]

Dunlop v the Body Corporate for Port Douglas (20 February 2024)Nina Psaltis2024-04-22T14:47:26+10:00

Taylor v Western Australian Planning Commission [2023] WASAT 16 (26 October 2023)

Town planning – Application for subdivision – Preliminary issue – Whether approval of lots smaller by more than 5% than average and minimum lot sizes prescribed by the R-Codes, which are incorporated into a local planning scheme, would be inconsistent with the scheme – Statutory construction of R-Codes Taylor v Western Australian Planning Commission [2023] WASAT 16 (26 October 2023)

Taylor v Western Australian Planning Commission [2023] WASAT 16 (26 October 2023)Nina Psaltis2024-04-22T10:53:39+10:00

Bennett v The Owners Of The Fairway Stage Two Strata Scheme 51326 [2021] WASAT 170 (2 February 2024)

Strata Titles Act 1985 (WA) - Scheme dispute - Whether horizontal lower boundary of balcony is upper surface of the tiled floor or upper surface of concrete slab Bennett v The Owners Of The Fairway Stage Two Strata Scheme 51326 [2021] WASAT 170 (2 February 2024)

Bennett v The Owners Of The Fairway Stage Two Strata Scheme 51326 [2021] WASAT 170 (2 February 2024)Nina Psaltis2024-04-22T10:44:42+10:00

The Owners Of Dolphin Apartments Mandurah Strata Plan 49518 v Poland Superannuation Pty Ltd [2023] WASC 452 (28 November 2023)

Strata title scheme - Exclusive use by-laws - Proper construction of s 43 of the Strata Titles Act 1985 (WA) - Whether relevant by-law in strata titles scheme is an exclusive use by-law - Whether by-law confers exclusive use and enjoyment of, or special privileges over, the common property - Whether by-law refers to specified lot or lots in the strata titles scheme - Asserted inconsistency between by-laws - Whether [...]

The Owners Of Dolphin Apartments Mandurah Strata Plan 49518 v Poland Superannuation Pty Ltd [2023] WASC 452 (28 November 2023)Nina Psaltis2024-04-22T10:40:12+10:00

Fay v The Owners Of Forrest Avenue Plaza Strata Plan 7411 [2023] WASAT 110 (17 November 2023)

Strata Titles Act 1985 (WA) - Amendment of unit entitlements - Whether if allocated at the time of application, schedule of unit entitlements would require amendment - Whether unit entitlements proportionate to the value of each lot relative to the sum of the value of all the lots in the strata titles scheme - Capital valuation Fay v The Owners Of Forrest Avenue Plaza Strata Plan 7411 [2023] WASAT 110 [...]

Fay v The Owners Of Forrest Avenue Plaza Strata Plan 7411 [2023] WASAT 110 (17 November 2023)Nina Psaltis2024-04-22T10:37:07+10:00