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 [...]

REAL PROPERTY – STRATA MANAGEMENT – strict duty of repair – onus of proof on scope and consequences of breach – causation and mitigation – measure and quantification of loss – Strata Schemes Management Act 2015 (NSW) ss 106, 122, 124, 232 Selkirk v The Owners Strata Plan No 2661 [2024] NSWCATAP 17 (06 February 2024)

COSTS – costs of reference – where both parties failed to establish their preferred case The Owners - Strata Plan No 97315 v Icon Co (NSW) Pty Ltd (No 2) [2024] NSWSC 19 (30 January 2024)

PRACTICE AND PROCEDURE – Transfer of proceedings from Consumer and Commercial Division of NCAT to a court – Sch 4 cl 6 of the Civil and Administrative Tribunal Act 2013 – effect of Sch 4 cl 5 (jurisdiction to determine issues) on power of transfer – relevant considerations in determining whether to transfer proceedings. The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2024] NSWCATCD 2 (16 [...]

STRATA SCHEMES - STRATA TITLES – meaning and scope of s 232 of the Strata Schemes Management Act 2015 (NSW) BUTT v THE OWNERS — STRATA PLAN NO 71715 - [2023] NSWCATCD 138 (25 October 2023)

LAND LAW – Strata title – civil penalty – contravention of Tribunal orders – s 247A Strata Schemes Management Act 2015 – multiple breaches of orders – amount of penalty – when maximum penalty might be imposed – whether penalty should be paid to applicant owners corporation The Owners Strata Plan No 4393 v Roberts (No.2) [2024] NSWCATCD 1 (02 January 2024)

LEASES AND TENANCIES – breach of agreement – termination by Tribunal – breach sufficient to justify termination in the circumstances of the case – abandonment - break fee – rental bond – failure to lodge bond – landlord’s obligation to maintain premises in a reasonable state of repair – compensation Yan v Yan; Yan v Yan [2023] NSWCATCD 143 (30 October 2023)

RETAIL LEASE - Whether arrears of rent waived - whether breach of disclosure requirement proved - status of related agreement for electricity costs - assessment of make good claim - running account BlueHouseCoffs Pty Ltd v The Owners Strata Plan No 61419 [2023] NSWCATCD 145 (04 September 2023)

RETAIL LEASE - Whether arrears of rent waived - whether breach of disclosure requirement proved - status of related agreement for electricity costs - assessment of make good claim - running account Cornucopia (Young) Pty Ltd v Ward [2023] NSWCATCD 149 (08 September 2023)