288-306 Wattle Street Ultimo

Verdict

Cost exposure

• Serious building-defect rectification

  Indicative per-lot serious-defect rectification levies (NSW Serious Defects in Residential Apartments research report, 2021; strata special-levy reporting). Scaled for: 1 matter.

  $28,500

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 9 matters.

  $6,300

Litigation · 9 matters

• The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2024] NSWCATCD 2

  Costs and procedure NSWCATCD 16 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.

• Sunaust Properties Pty Ltd t/as Central Sydney Realty v The Owners – Strata Plan No 64807 [2023] NSWCA 188

  Costs and procedure NSWCA 14 August 2023

  JUDGMENTS AND ORDERS – amending, varying and setting aside – powers of NCAT – correction under slip rule –proceedings remitted by Appeal Panel without considering fundamental jurisdictional issue – power to vary order and issue second decision LAND LAW – strata title – caretaker agreements – power to terminate – agreement entered into prior to statutory power to terminate – application by owners corporation to NCAT – power under Strata Schemes Management Act 2015 (NSW), s 72 to terminate agreeme

• Sunaust Properties Pty Ltd v The Owners Strata Plan no 64807 (Costs) [2023] NSWCATAP 43

  Costs and procedure NSWCATAP 17 February 2023

  APPEAL – costs of appeal and costs at first instance – whether special circumstances exist warranting an order for costs – whether indemnity costs should be ordered.

• Sunaust Properties Pty Ltd v The Owners – Strata Plan No 64807 [2022] NSWSC 1643

  Costs and procedure NSWSC 9 December 2022

  COURTS AND TRIBUNALS – power to transfer to NSW Civil and Administrative Tribunal (NCAT) – Civil and Administrative Tribunal Act 2013 (NSW), sch 4 cl 6(2) – proceedings commenced in Court – application then filed in NCAT – Court has jurisdiction for common issues and NCAT does not, by sch 4 cl 5(7) – whether Court can transfer to NCAT under sch 4 cl 6(2) – statutory construction of sch 4 cl 6(2) at [13]-[26] – Court may transfer where parties agree or it is appropriate to do so.

• Sunaust Properties Pty Ltd v The Owners – Strata Plan No 64807 [2022] NSWCATAP 246

  Costs and procedure NSWCATAP 27 July 2022

  APPEAL - proceedings commenced in the Supreme Court prior to commencement of tribunal proceedings - whether cl5(7) of schedule 4 of the Civil and Administrative Tribunal Act precluded the tribunal from having jurisdiction to determine relevant issues - whether an issue for determination

• The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd (No. 2) [2022] NSWCATCD 40

  Costs and procedure NSWCATCD 28 March 2022

  COSTS – Whether special circumstances warranting an order for costs – Whether to award indemnity costs – No reference to indemnity costs in Calderbank letter

• Sunaust Properties Pty Ltd v The Owners - Strata Plan No 64807 [2022] NSWCATAP 55

  Costs and procedure NSWCATAP 25 February 2022

  APPEAL – stay pending appeal – concurrent proceedings in Supreme Court – strata scheme

• The Owners – Strata Plan No. 64807 v Sunaust Properties Pty Ltd [2022] NSWCATCD 20

  Other NSWCATCD 17 January 2022

  LAND LAW – Strata title – Building manager – Whether caretaker agreement should be terminated -Whether saving provision applies – Whether ancillary orders should be made

• The Owners Corporation – Strata Plan 64807 v BCS Strata Management Pty Ltd [2020] NSWSC 1040

  Management and meetings NSWSC 7 August 2020

  COURTS AND TRIBUNALS – jurisdiction – jurisdiction of Supreme Court and NSW Civil and Administrative Tribunal – Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 5(3) – where proceeding commenced in NSW Civil and Administrative Tribunal (“NCAT”) concerning the validity of an annual general meeting called by the managing agent of a strata scheme – where another proceeding is subsequently commenced in the Supreme Court raising substantially the same issues – whether the Court has jurisdi

Decisions naming this scheme, from NSW Caselaw (NCAT and the courts). The quoted line beneath each is the decision's own catchwords; the topic tag is our grouping of those words. Whether a matter helped or hurt the scheme is not assessed here.

Statutory-warranty outlook

Structural cover

Likely expired · est. expiry 18 January 2008

Non-structural cover

Ran to 18 January 2008

A single 7-year warranty period applies because the scheme was registered before the 1 February 2012 reform. Estimated from the registration date, not the completion date or building contract, so treat the dates as indicative.

Evidence ledger

What was checked, what it found, how strong the match, and when each source last ran. A source that has not run here yet reads as not checked, never as checked and clear.