17-19 Ray Road Epping

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: 2 matters; older scheme.

  $39,700

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 5 matters.

  $5,600

Litigation · 5 matters

• Huang v The Owners Strata Plan 7632 t/as The Owners Strata Plan 7632 [2022] NSWSC 194

  Repairs and common property NSWSC 2 March 2022

  APPEAL – NCAT – leave to appeal – principles – appeal on question of law, with leave – leave refused – no issue of principle or of general importance – no error of law ADMINISTRATIVE LAW – jurisdiction of NCAT – strata titles – broad jurisdiction – importance of finality – alleged denial of procedural fairness – none disclosed STATUTORY INTERPRETATION – Strata Schemes Management Act 2015 (NSW) – common property – alteration of definition of boundary between lots – common property on upper surfac

• Huang v The Owners of Strata Plan No 7632 [2021] NSWCA 194

  Costs and procedure NSWCA 3 September 2021

  APPEALS — from exercise of discretion — procedural decisions — refusal to extend time for filing summons — reasons for delay — significance of first instance decision decided on basis of authority later overturned on appeal — interest rei publicae ut sit finis litium COSTS — costs assessment — determination — review/appeal — jurisdiction to appeal from certificates in proceedings commenced prior to 1 July 2015

• Huang v The Owners – Strata Plan No 7632 (No 2) [2021] NSWCATAP 67

  Costs and procedure NSWCATAP 19 March 2021

  COSTS – appeals – held appeal proceedings were without merit and endeavoured to re-agitate and relitigate matters previously decided adversely to the appellants – held constituted “special circumstances” justifying the making of a costs order.

• Huang v The Owners – Strata Plan No 7632 [2020] NSWCATAP 278

  Repairs and common property NSWCATAP 21 December 2020

  STRATA TITLE- appeals from orders of Tribunal requiring appellants to remove work carried out by them on common property without authority and to pay legal costs of body corporate - finding that work was carried out on common property upheld-adverse costs order upheld- appeals dismissed

• Huang v The Owners of Strata Plan No 7632 [2020] NSWSC 488

  Costs and procedure NSWSC 5 May 2020

  APPEAL – appeal from Local Court – appeal from costs – costs assessment under s 352(1) of the Legal Profession Act 2004 (NSW) – review decision – continued application of the Legal Profession Act 2004 (NSW) – costs order in Local Court – saving and transitional provisions of the Legal Profession Uniform Law Application Act – jurisdiction of Court – cost assessment and review appeal decision – whether amended summons brought out of time – application to extend time – refusal to extend time

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 10 October 1980

Non-structural cover

Ran to 10 October 1980

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.