Decisions table

COSTS: Application dismissed - Jurisdictional issue – Application by respondent for costs

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

APPEAL – leave to appeal – litigant in person – allegations of negligence, oppression and fraud on minority concerning conduct and management of strata scheme by Owners Corporation rejected on bases including failure to prove loss/detriment– where applicant sought to refer to expert evidence not used at trial – no evidence why not available at trial – whether leave to appeal should be granted PRACTICE AND PROCEDURE – procedural fairness – where primary judge refused numerous adjournment applicat

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

SENTENCING – civil contempt – disobeying orders of the Court – no evidence of wilful and obstinate disobedience – applicability of Crimes (Sentencing Procedure) Act 1999 – relevant considerations to be taken into account by Court

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

Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot.

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

Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot.

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

Appeal – Strata application – applicant did not formulate claim – Tribunal unable to deal with claim because of lack of evidence – leave to appeal declined, appeal dismissed.

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

ADMINISTRATIVE LAW – application for judicial review – where alternative available remedy to judicial review - errors of law – injustice to the plaintiff that is more than arguable – where Strata Schemes Management Act 1996 considered – where appeal allowed

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

PROCEDURE – uniform civil procedure – amendment application – where proceeding transferred from District Court to Supreme Court – where by filing of Technology and Construction List Statement application made to amend pleading to add additional claim – whether sufficient prejudice to refuse amendment from loss of viable and realistic cross-claims against third parties – whether basis for imposing monetary limits on existing pleaded claims – no question of principle

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

COSTS – application for security for costs – principles– statutory provision -- security for costs sought from an Owners Corporation – strata scheme - threshold question – whether there is reason to believe the plaintiff will be unable to pay the costs of the defendant if ordered to do so – net negative asset position – no real property – limited cash resources – levy history and performance – reasonable time to pay – discretionary factors – prospects for success – impecuniosity – risks – contri

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

CIVIL PROCEDURE – order for summary dismissal – alternative order that statement of claim be struck out CIVIL PROCEDURE – summary dismissal – proceedings are vexatious or oppressive – no reasonable cause of action is disclosed – claim for malicious prosecution disclosed no reasonable cause of action – claim of abuse of process vexatious and oppressive

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

AGENCY – whether party entered into contract as agent – whether party acting as undisclosed principal. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – whether owners corporation entitled to statutory warranties – whether loss and damage claimed in respect of defects resulted from breaches of statutory warranties. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)– whether defendants were “developers” within the meaning of s 3A – whether defendants were per

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

PRACTICE AND PROCEDURE – transfer of proceedings – whether proceedings should be transferred to NSW Civil and Administrative Tribunal – dispute concerning rights and obligations under strata titles legislation – jurisdiction of Tribunal to determine dispute – more appropriate forum – where perceived advantage in pursuing claims in the Court no longer exists – proceedings transferred

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

Strata Scheme enforcement of By-law – appointment of a managing agent.

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

Strata Schemes Management Act- Section 183- application to reallocate units, requirement for valuation, date of valuation and certificate, date of registration of strata plan, relevance of plan of consolidation in determining date for valuation, initial unit allocation unreasonable. Procedural fairness- cross-examination of expert where no opposing expert evidence, permissibility, opportunity to make submissions re answers given. Leave to appeal- Evaluation of evidence, finding available

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

PRACTICE AND PROCEDURE – proceedings transferred to Supreme Court pursuant to s 144(2) of the Civil Procedure Act 2005 (NSW) – where District Court had a doubt as to its jurisdiction to grant certain equitable relief – whether to remit matter to District Court

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

PRACTICE AND PROCEDURE - application for stay of orders of single Judge pending appeal - Judge refused Applicant leave to file amended pleading and made associated orders - Applicant has filed Notice of Intention to Appeal only - no grounds of appeal identified - stay refused

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

APPEAL – Civil and Administrative Tribunal – inadequate specification of questions of law – appeal dismissed NEGLIGENCE – Owners Corporation – no duty of care HOME BUILDING ACT 1989 – S 3B – proper construction – date of completion LEAVE TO APPEAL – no substantial miscarriage of justice – application for leave dismissed

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

STATUTORY CONSTRUCTION – whether appeal rights abolished or affected by repeal of the statute creating those rights – effect of transitional provisions of Strata Schemes Management Act 2015 (NSW) on appeal rights under s 177 of Strata Schemes Management Act 1996 (NSW) – Sch 3 Cl 7 operates to preserve appeal right under s 177 APPEAL RIGHTS – whether appeal rights accrue when proceedings are commenced or when an order is made – appeal rights “inhere” from commencement of proceedings WORDS AND PHR

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

HOME BUILDING: Breach of statutory warranties – whether claim lodged within time – practical completion – issue of occupation certificate – estoppel – additional cause of action in contract

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

Work on common property, special resolution

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

DISTRICT COURT – jurisdiction in equity proceedings – whether District Court empowered to determine equitable claim or demand for recovery of money or damages – whether District Court must transfer proceedings to the Supreme Court – pending Court of Appeal decision

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

PRACTICE AND PROCEDURE – application for leave to join plaintiff’s husband as second plaintiff – where reason for addition of second plaintiff said to be largely practical – proposed second plaintiff has no cause of action in tort – leave refused PRACTICE AND PROCEDURE – application for leave to file amended statement of claim – where Registrar granted leave to amend extant statement claim on a limited basis – amended statement of claim subsequently filed exceeded limitations of that grant of le

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

COSTS – where Owners Corporation filed summons seeking judicial review of orders made by NCAT member – where parties agreed as to appropriate orders prior to hearing – whether offer made by Owners Corporation to settle proceedings was “mixed”, such that r 42.13A of the UCPR does not apply – finding that the offer was a mixed offer – exercise of general discretion – appropriate that each party bear its own costs

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

BUILDING AND CONSTRUCTION – claim for failure to perform work and defective work – withdrawal by defendant’s solicitor – defects in residential building work result of builder’s work – cost of rectification – cost of further home warranty insurance – no question of principle

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

STRATA-appeal from Adjudicator’s decision ;extent of common property; liability for repairs.

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

STRATA APPEAL – admission of new evidence – works to be undertaken by Owners Corporation, maintenance or new works – amendment of motions.

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

REAL PROPERTY – owners of one strata lot in tower complex install mirrored door on their common property in lobby – owners of another strata lot in same tower complex allege installation is in contravention of Strata Schemes (Freehold Development) Act 1973 (NSW) – construction of strata management statement – meaning of “Shared Facilities”

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

COSTS – offers of compromise – “walk away” offer made by defendants – offer not accepted by plaintiff – defendants obtain order no less favourable than terms of offer – whether offer triggers prima facie entitlement to indemnity costs – Uniform Civil Procedure Rules 2005 (NSW) r 42.15A

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

Contract – strata management – payment of moneys contrary to instructions – measure of damages

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

COSTS – Appeal on multiple issues – appellant succeeds on one issue – not a case for the allocation of costs between issues - Calderbank letter – in all circumstances reasonable for applicant not to accept

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

STRATA SCHEMES – Application for strike out – Whether Strata Schemes Management Act operates so that plaintiff has no remedy in common law nuisance

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

REAL PROPERTY – strata title – management and control – strata managing agent appointed to exercise all the functions of an owners corporation – whether strata managing agent owed duty of care to individual lot owners to exercise reasonable care so as to prevent economic or financial loss – whether strata managing agent negligent in carrying on functions of Owners Corporation – whether alleged negligence caused loss to plaintiff REAL PROPERTY – strata title – management and control – oppression

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

ADMINISTRATIVE LAW – judicial review of

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

COSTS of an appeal – special circumstances. No order even though special circumstances exist.

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

APPEAL – external appeal -

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

STRATA PLAN − Consent orders, orders on merits, costs if no order on merits, costs, special circumstances

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

COSTS – appeal – application for leave to appeal

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

INTEREST – assessment of interest up to

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

TORT – negligence – resident of strata title premises trips on mat placed on top of elevator floor carpet to protect it while another occupant moves into the building – duty of care – breach of duty – defendant’s code of conduct for safe removals not complied with – obvious risk – contributory negligence – assessment of damages for non-economic loss and home care for 88-year old plaintiff

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

STRATA SCHEME – appeal from order of Adjudicator dismissing application for appointment of a strata managing agent – failure to comply with fire safety order – whether Owners Corporation in breach of duty – whether Owners Corporation functioning satisfactorily – appeal dismissed

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

REFEREES - nature of proceedings on challenge to Referee’s Report DAMAGES - where plaintiff relied upon expert’s advice in respect of the scope of works to rectify defects - where defendants had warned plaintiff that scope of works was exploratory, speculative and not urgent - where findings made that the work carried out was not urgent - where works found to be unnecessary and excessive - where Referee found that defendants not liable for such work - whether those aspects of Referee’s Report sh

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

PRACTICE AND PROCEDURE – civil law – summons for summary dismissal of appeal – appeal from member of Civil and Administrative Tribunal – whether the appeal is competent – whether Division decision was internal or external appeal decision – Civil and Administrative Tribunal Act 2013 (NSW), s 83

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

COSTS: Conduct of appellant and its solicitor leading to adverse costs order; solicitor accepts she ought indemnify the appellant.

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

REAL PROPERTY – Strata title – Management and control – Whether meeting of Executive Committee invalid because of failure to give notice in compliance with Strata Schemes Management Act 1996 (NSW), Sch 3, cl 6 – Whether Executive Committee lacked authority to instruct counsel to enter into settlement agreement due to subject matter of agreement CONTRACTS – Principal and agent – Authority of agents – Whether counsel for Owners Corporation lacked authority to make settlement agreement on behalf of

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

COSTS: complex proceedings – no single clear “event” – principles to apply – apportionment – interest claimed – protections under the Strata Titles legislation.

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

APPEAL – standing to appeal – consent orders – no order relating to appellant – whether appeal should be accepted out of time

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

EQUITY – Adoption of referee report – Proposed modification – Whether referee erred in failing to take into account outstanding levies in determining reasonable Owners Corporation budget – Failure to draw referee’s attention to outstanding levies – Costs of proceedings

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

COSTS – where separate questions ordered – where number of questions reduced to a single question at hearing – whether successful parties should have their costs – whether successful parties’ costs should be reduced by reason of the reduction in the number of questions to be determined SEPARATE QUESTIONS – expectation that the Court will be cautious – need for precise formulation of questions and agreed facts – prospect that the Court may decline to answer questions if inappropriate to do so

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

COSTS – where proceedings commenced in CTTT and transferred to this Court and plaintiff obtains

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

PRACTICE – reference out by court of entire proceedings to referee – whether report should be adopted – earlier finding that referee correctly construed contract – consideration of remaining objections to adoption of report

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