741 Hunter Street Newcastle West

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.

  $31,800

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 6 matters.

  $6,300

Litigation · 6 matters

• The Owners – Strata Plan No 80412 v Vickery [2021] NSWCATAP 98

  Repairs and common property NSWCATAP 21 April 2021

  STRATA TITLE – appeal from order of Tribunal awarding damages to a lot owner for breach of the statutory duty in s 106(1) of the Strata Schemes Management Act 2015 – duty to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation STATUTORY INTERPRETATION – meaning of 2 year limitation period in s 106(5) of the Strata Schemes Management Act 2015

• Vickery v The Owners – Strata Plan No 80412 [2020] NSWCA 284

  Repairs and common property NSWCA 11 November 2020

  STRATA TITLES – obligation of owners corporation to maintain common property in good repair – owners corporation breached obligation, causing damage to lot owner – NCAT authorised to make orders to “settle” a complaint or dispute about strata scheme – whether NCAT authorised to award damages to lot owner – consideration of nature of lot owner’s cause of action – consideration of conferral of jurisdiction and power upon NCAT – consideration of legislative history – consideration of interaction of

• The Owners – Strata Plan No 80412 v Vickery (Costs) [2020] NSWCATAP 48

  Costs and procedure NSWCATAP 17 March 2020

  COSTS – costs on appeal – whether costs should be ordered in favour of successful party – whether public interest litigation – significance of any change in the law COSTS – costs at first instance – whether first instance costs order should be reversed following a successful appeal

• The Owners – Strata Plan No. 80412 v Vickery (No 2) [2019] NSWCATAP 97

  Costs and procedure NSWCATAP 23 April 2019

  COSTS – rr 38 and 38A Civil and Administrative Tribunal Rules 2014 – discretion – party unsuccessful on application for leave to appeal – usual order – successful party entitled to costs

• The Owners – Strata Plan No. 80412 v Vickery [2019] NSWCATAP 71

  Costs and procedure NSWCATAP 28 March 2019

  APPEALS – Leave to appeal an interlocutory decision – application for summary dismissal – principles applicable – issue raised on appeal not raised in proceedings at first instance – relevance of prospect if appeal to superior court in exercise of discretion to grant leave. SUPREME COURT – Referral of questions of law – refusal to refer.

• Owners Corporation SP 80412 v Vickery [2018] NSWCATAP 29

  Costs and procedure NSWCATAP 24 January 2018

  Appeal and cross appeal from proceedings referred by adjudicator under section 164 Strata Schemes Management Act 1996 (NSW) (now repealed) to NCAT – Costs application

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 21 May 2015

Non-structural cover

Ran to 21 May 2015

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.