Decisions table

COMPULSORY ACQUISITION – market value claim for compensation for compulsory acquisition resulting in extinguishment of right of footway over adjoining land benefitting common property of strata scheme – market value claim by owners corporation of strata scheme – assumed hypothetical purchaser and seller are neighbouring owners corporations – owners corporation cannot claim lot owners’ rental losses as agent –

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

PRACTICE AND PROCEDURE — application to vacate final hearing — discretionary considerations — overriding purposes of case management orders — solicitor for First and Second Respondents wishing to go on honeymoon — review of Registrar’s decision — no error of law by Registrar — application refused

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CIVIL PROCEDURE — Interim preservation — Freezing orders — where owners’ corporation sought to restrain developer from selling its only substantial assets without notice — where developer sought to use proceeds of sale of assets to repay debt incurred from related parties to fund development — where developer granted security over assets to related parties while litigation pending — whether debts incurred in the ordinary course of business — whether sale of assets in order to pay debts as they f

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW — Strata title — Strata renewal plan CIVIL PROCEDURE — Separate determination of question — Where appropriate — Class 3 application — Characterisation of strata renewal plan

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW – Strata Schemes Management Acts 1996 & 2015 – whether removal of clear glass balustrading & installation of opaque glass panels was authorised – interpretation of legislation - meaning of “specifically authorises” in s 65A of the 1996 Act and s 108(2) of the 2015 Act – concepts of common sense and reasonableness preferred - consideration of the meaning of “to organise” in the context of Owners Corporation resolution – exercise of discretion to grant relief under s 232 and s 241 of the

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• Andrew Timothy Thompson lot owner
• The Owners – Strata Plan No 31007 owners corp

Thompson's appeal (2025/00109080) allowed and remitted for reconsideration of first instance costs; Thompson's appeal (2025/00113534) dismissed with costs ordered against him.

• The Owners – Strata Plan no 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The Appellant's appeal was dismissed on substantive grounds but partially succeeded on a costs procedural issue; the Respondents were ordered to be the successful parties overall, and the Appellant was ordered to pay 90% of the Respondents' appeal costs to reflect the mixed outcome.

NUISANCE – form of final orders – quia timet relief – mandatory injunction conditional on plaintiff first obtaining easement from third-party neighbour – no issue of principle COSTS – costs for the event – plaintiff obtained some relief sought in statement of claim but not all – plaintiff entitled to 80% of its costs – no issue of principle

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Appeal against order for costs - whether appellant demonstrates error on question of law- whether Appeal Panel should re-exercise discretion of Tribunal - whether partial costs should be awarded

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 83678 owners corp
• Michael Khatib lot owner

The appeal by the owners corporation against the Tribunal's decision to make a by-law permitting the installation of an awning on common property was dismissed, with the Tribunal having found the owners corporation unreasonably refused to make the common property rights by-law.

• The Owners – Strata Plan No 92226 owners corp
• 1A Eden Pty Ltd developer
• Garawin Pty Ltd party
• Joesandra Pty Ltd party

Judgment entered against 1A Eden for $2,500,000 in settlement of building defects claim, with costs ordered and freezing orders made against unit trust respondents pending new proceedings.

• Jie Shen lot owner
• The Owners – Strata Plan No. 9751 owners corp

The appeal was dismissed and the stay order was lifted, with the Appeal Panel finding no grounds of appeal established by the lot owner regarding unauthorised installation of a garage door, security door, and bathroom renovations.

• Ausbao (286 Sussex St) Pty Ltd lot owner
• The Owners – Strata Plan No. 100777 owners corp
• Bright & Duggan Pty Ltd manager

Declarations made that Bright & Duggan as strata manager has full authority to convene meetings of the Building Management Committee and that the general meetings on 11 September and 25 September 2025 were validly convened and resolutions passed were valid.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

The Court of Appeal allowed the appeal in part, reducing the judgment against the owners corporation from $385,484.78 to $250,499.06, and ordered the owners corporation to pay one third of Ms Balacco's costs of the appeal.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The owners corporation was ordered to pay the respondent lot owner's costs of the appeal on an ordinary basis up to 18 July 2025 and on an indemnity basis thereafter, following unreasonable rejection of a Calderbank offer.

• Michael David Horan lot owner
• The Owners-Strata Plan No 68307 owners corp

The Appeal Panel dismissed the owners corporation's miscellaneous matters application seeking to appeal the Tribunal's costs order, finding it had no jurisdiction to determine an appeal from a first instance costs decision and directing the matter be returned to the Tribunal at first instance.

BUILDING AND CONSTRUCTION — Contract — Implied terms — Statutory warranties — Design & Building Practitioners Act 2020 (NSW)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners-Strata Plan No 102171 owners corp
• Ceerose Pty Ltd builder
• Zone Q Milsons Point Development Pty Ltd developer
• Southern Cross Climate Control Pty Ltd contractor

The Tribunal made costs orders determining that Ceerose Pty Ltd and Zone Q Milsons Point Development Pty Ltd jointly and severally pay The Owners-Strata Plan No 102171's costs from 15 March 2024; Ceerose Pty Ltd pay Southern Cross Climate Control Pty Ltd's costs; Zone Q Milsons Point Development Pty Ltd pay Ceerose Pty Ltd's costs; and The Owners-Strata Plan No 102171 pay all respondents' costs of the unsuccessful re-opening application.

• Michell Huo lot owner
• The Owners-Strata Plan No. 44652 owners corp

The costs application in the reinstatement proceedings was dismissed; the Appeal Panel found that although the reinstatement application was weak, special circumstances were not established sufficiently to warrant departure from the usual principle that each party bears its own costs.

• Sentient Corp Holding Pty Ltd lot owner
• The Owners - Strata Plan No 48216 owners corp
• Duy Tran lot owner
• Demetria Chelepy lot owner
• Mathew Crawshaw lot owner
• Stephen Travis party

The Appeal Panel removed Stephen Travis as an appellant, dismissed his applications for correction, and found the appeal was validly instituted by Sentient Corp Holding Pty Ltd as a party to the original proceedings, with the appeal to be listed for a call over.

LAND LAW – Strata Schemes – whether conduct nuisance LAND LAW – Strata Schemes – removal of member of strata committee LAND LAW – Strata schemes - Appointment of compulsory strata managing agent

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REAL PROPERTY – STRATA MANAGEMENT – owners corporation’s strict duty to maintain and repair common property and compensate for damage to lot property -– compulsory strata manager – lot owners’ consent to common property rights by-law - Strata Schemes Management Act 2015 (NSW) ss 106, 149, 232, 237 COSTS – special circumstances justifying exercise of discretion to award costs on ordinary basis – operation of costs provisions for strata schemes where lot owner has multiple lots - Civil and Adminis

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 100777 owners corp
• Ausbao (286 Sussex St) Pty Ltd lot owner
• Bright & Duggan Pty Ltd manager

Application for leave to appeal from the primary judge's refusal to stay proceedings in favour of expert determination was dismissed, with the Court holding that no reasonably clear injustice had been demonstrated and that the dispute was about the agency agreement with the strata manager rather than about the strata management statement itself.

• Simone Selkirk lot owner
• The Owners-Strata Plan No 2661 owners corp

The appeal by the lot owner regarding damages was dismissed, while the owners corporation's application to extend time to lodge its appeal was dismissed; each party ordered to pay the other's appeal costs.

LAND LAW – strata title – common property – duty to repair – breach of duty – damages for breach of duty – causation – determination of cause of loss – action of lot owner altering or repairing common property – ss 106(5) and 232 Strata Schemes Management Act 2015 (NSW)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners - Strata Plan No. 98970 owners corp
• Capitol Property Services Pty Ltd builder
• Lotus Fund No 9 Pty Ltd developer

Summary judgment ordered for the Owners Corporation against the developer Lotus Fund No 9 Pty Ltd for defective building work in a luxury apartment complex development.

• Jai Galliott lot owner
• Susie Elelman lot owner
• The Owners – Strata Plan No 43251 owners corp
• Cathie Galliott lot owner
• Michele Selwyn lot owner
• William Doyle lot owner
• Goldtex Pty Ltd party

The Appeal Panel dismissed the owners corporation's costs application and ordered each party to pay their own costs of the appeal following the appellants' withdrawal of their appeal from the decision dismissing their claim for appointment of a compulsory strata manager.

• Sally Armati lot owner
• David De Coster lot owner
• The Owners - Strata Plan No 15695 owners corp

The notice of motion for costs was dismissed; the court found it was not fair and reasonable to order the respondent to pay the applicants' costs despite the applicants' success in the underlying tree removal proceedings, as the presumptive rule in Class 2 proceedings is that each party bears their own costs and the respondent's conduct did not sufficiently warrant departure from this rule.

• The Owners – Strata Plan No 31337 owners corp
• Grace Balacco lot owner

Appeal allowed in part; judgment reduced from $385,484.78 to $250,499.06 following findings that future economic loss and future domestic assistance awards were unsupported by evidence, while maintaining the owners corporation's liability for the slip and fall on the unpainted speed hump.

• Michelle Hall lot owner
• The Owners - Strata Plan No 31934 owners corp

The costs application by the owners corporation was dismissed and each party was ordered to pay their own costs of the appeal, as no special circumstances warranting costs against the appellant were established despite her withdrawal of the appeal.

• Hua Nan Trading Pty Ltd t/as Huanan Trading lot owner
• The Owners Strata Plan No. 32369 owners corp

Leave to appeal from the Supreme Court decision was dismissed; the April 2022 strata application was filed out of time and no question of law was raised suitable for appeal.

• The Owners - Strata Plan No. 1954 owners corp
• Ashdown Home Units Pty Ltd party

The court ordered the defendant to construct stormwater works and upgrade piping on the plaintiff's land at its own cost, with the defendant to pay a proportionate share of the plaintiff's costs in obtaining necessary easements for drainage.

• Robert Angelo Paul Russo lot owner
• The Owners - Strata Plan No 53188 owners corp

The Appeal Panel dismissed the appellant's application for an order that costs of the appeal be paid by the respondent, finding that no evidence was presented that the amount claimed or in dispute in the appeal exceeded $30,000 and no special circumstances warranting a costs award were submitted.

COSTS — Uniform Civil Procedure Rules 2005 (NSW) r 42.1 — where Plaintiffs bring unsuccessful proceedings claiming a declaration that the Defendant unreasonably withheld consent to the substitution of security provided under contractual arrangements between them — whether costs should follow the event or some other order made — HELD — no good reason to depart from the usual rule that costs follow the event

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPEAL – STRATA TITLE- application to amend unit entitlements- valuation evidence necessary.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• Brett Lane lot owner
• Kattya Lane lot owner
• The Owners Strata Plan No 2404 owners corp

Leave to appeal was refused on ground 2, but the appeal was allowed on ground 1 regarding whether consent was required to amend an exclusive use by-law; the orders of the first instance tribunal were set aside and the proceedings remitted for re-hearing.

CONTRACTS – CONSTRUCTION – where written Deed of Settlement (the Deed) provides for the Plaintiffs to pay a sum of money to the Defendant in settlement of winding up proceedings – where there is a risk of a clawback of the payment pursuant to provisions of the Corporations Act 2001 (Cth) because of the Plaintiffs’ precarious financial position at the time of the payment – where the Deed provides for the Plaintiffs to indemnify the Defendant against a clawback, and to give the Defendant security

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• Kerri Owers-Brown lot owner
• Lindsay Brown lot owner
• Robert Nakkan lot owner
• The Owners-Strata Plan No 92562 owners corp

Applications by lot owners to vary the costs order were dismissed; each party remains to bear its own costs.

LAND LAW — Strata title — General meeting of owners corporation — Invalidating resolution and treating as nullity under ss 24 and 25 of the Strata Schemes Management Act 2015 (SSMA) — Resolution of disputes — Various orders under s 232 SSMA to restrain entry into contracts and address corporate governance — Grounds not established

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COSTS — Party/Party — Applicant successful but failed on substantial issues — Awarded a proportion of costs COSTS — Party/Party — Relevance of misconduct by party to allocation of costs — Propounding of false document — Relevant to the extent that the misconduct increased the time taken at hearing or caused the other party to incur costs in responding

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW---Strata title---Civil penalty---s 147 Strata Schemes Management Act 2015---Service of notices to comply with by-laws---Whether contravention of notices to comply established---Applicable penalty

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW – strata title – car stacker system on lot property and common property – interpretation of by-laws – Strata Schemes Management Act 2015 - relief within s 24, s 87(1) and s 232(1) not available

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

LAND LAW — Strata title — By-laws LAND LAW — Strata title — Common property LAND LAW — Strata title — Owners corporation — Functions of owner’s corporation

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

NEGLIGENCE — Breach — Standard of care – unit in a strata scheme suffered damage from water ingress caused by the failure of waterproofing of the balcony of the unit above - owners corporations duty – calculation of loss STRATA SCHEMES MANAGEMENT ACT 2015 – claim of breach of statutory duty under s 106(6) – time limit for bringing of proceedings increased from two years to six years on 30 June 2025 – which time limit applies

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 865 owners corp
• Helen Carroll lot owner

The appeal by the owners corporation was dismissed; the primary tribunal's finding that the owners corporation was in breach of its duty to maintain common property (kitchen slab and wall footings) and that the lot owner was entitled to damages was upheld.

• Helen Tsoukaris lot owner
• The Owners – Strata Plan No. 30102 owners corp

The appellant's application for an extension of time to appeal was refused and the appeal was dismissed; the appellant was ordered to pay the respondent's costs on an indemnity basis.

EVIDENCE – relevance – no issue of principle EVIDENCE – opinion evidence – where basis of expertise not fully articulated – limitation of use of evidence

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CIVIL PROCEDURE — jurisdiction — transfers to and from other courts — District and Local Courts – transfer deferred to ensure compliance with case management orders COSTS — security for costs — relevant factors — Impecuniosity of plaintiff – where also impecunious shareholder proffers undertaking to satisfy adverse costs order – risk of stultification – where impecuniosity said to be partly attributable to issues in dispute

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

• The Owners – Strata Plan No 85385 owners corp
• Annette Barnett lot owner
• Laura Lillas lot owner
• Tony Clarkson lot owner
• Kandiah Theivendren lot owner

The appeal was dismissed; the timber decking on balconies and terraces was determined to be common property for which the owners corporation is responsible for maintenance and repair, and the costs order at first instance was set aside and remitted for reconsideration.

PRACTICE AND PROCEDURE – application to transfer from the District Court to the Supreme Court

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.