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)
REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BODY CORPORATE: POWERS, DUTIES AND LIABILITIES – BODY CORPORATE MANAGER – APPOINTMENT AND FUNCTIONS – CODE OF CONDUCT – BREACH – where the respondent was appointed Body Corporate Manager pursuant to a body corporate management agreement signed by two committee members – where the validity of the appointment was challenged by the applicant at an adjudication – where [...]
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)
LAND LAW – Strata title – duty of an Owners Corporation to maintain and keep common property in a good and serviceable state of repair – breach – damages – appointment of compulsory strata manager – removal of an office holder from office McDaid v The Owners Strata Plan No. 60346 [2023] NSWCATCD 134 (01 November 2023)
LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Rental bonds — Payment and release — Rights and obligations of landlords and tenants — Termination — Grounds for Rizk & Juma v Lai & Lai; Lai & Lai v Rizk & Juma [2023] NSWCATCD 137 (06 November 2023)
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