Building Services (Complaint Resolution and Administration) Act 2011 (WA) - Claim for damages for delay in completion of dwelling while contract on foot - Application for leave to review decision of original Tribunal - Criteria for the grant of leave to review - Whether original Tribunal breached the rules of natural justice - Whether original Tribunal made an error in the exercise of its discretion to decline to make a [...]

LAND LAW – Strata title – Order to remove strata committee member – eligibility of lot owner to be a member of the strata committee as well as building manager – scope of power of Tribunal to make orders under s 24 of the Strata Schemes Management Act 2015 (NSW) – general orders concerning SMS system to notify lot owners of building works and other matters Gill v The Owners [...]

COSTS – party/party – self-represented litigant – where application made by defendant for gross sum costs orders under s 98(4)(c) of the Civil Procedure Act 2005 (NSW) following summary dismissal of plaintiff’s claim – where conduct of the plaintiff significantly increased costs and disbursements incurred by the defendant – application granted Sethi v The Owners – Strata Plan 93392 (No 8) [2024] NSWSC 213 (6 March 2024)

STRATA PLANS - Operation of Car Park contrary to development application - Whether the tort of unlawful interference with trade forms part of the common law of Australia Diaspora Holdings Pty Limited & Anor v The Owners Strata Plan No. 68608 [2024] NSWDC 46 (1 March 2024)

BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – enforcement of Part 2C statutory warranties against owner-builder – where owner undertook residential building work without an owner-builder permit – whether owner was “owner-builder” STATUTORY INTERPRETATION – definition of “owner-builder” in Home Building Act – where on literal reading definition extends only to those who had an owner-builder permit – whether definition should be extended to those required to obtain [...]

LEASES AND TENANCIES – retaliatory notice – reasonable state of repair – excessive rent due to withdraw or reduction in goods, services and facilities Fimmano v Anderson [2024] NSWCATAP 22 (20 February 2024)

LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – Notice of rent increase – Whether validly served prior to renewal of lease – Leave to appeal – Significant new evidence not reasonably available – No grounds for leave established Pan v Shanehsazzadeh [2024] NSWCATAP 23 (19 February 2024)

LAND LAW – possession of land – where registered proprietor made bankrupt – trustee registered as registered proprietor – where no defence to trustee’s claim for possession – where local Council issued an order preventing habitation of the property – life-threatening condition of property – trustee’s concern for liability if council’s order not complied with – defence struck out – judgment for possession Kazar trading as in his capacity as [...]