Decisions table

CORPORATIONS – Winding-up – interlocutory process to set aside winding-up order pursuant to r 36.15 or 36.16(2)(b) Uniform Civil Procedure Rules 2005 – where orders made in the absence of the Company – where originating process and statutory demand deliberately not brought to the attention of the applicant’s solicitor – where neither the creditor nor the liquidator disputed the solvency of the Company COSTS — Party/Party – where orders set aside pursuant to r 36.16(2)(b) and originating process

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

CIVIL PROCEDURE – direction to serve expert evidence – guillotine order – affidavit served 17 business days after due date – whether plaintiff should have leave to rely on the affidavit – whether prejudice to defendant demonstrated

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

STRATA SCHEMES – s 126(1)(a) Strata Schemes Management Act 2015- meaning of “other alterations to common property directly affecting the owner’s lot”.

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

Owners Corporations

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

LAND LAW – strata title – by-laws – construction of by-law – effect of new by-law passed following the enactment of the Strata Titles Act 1973 (NSW) – exclusive use of common property – provision for amendment of, addition to or repeal of exclusive use by-law LAND LAW – strata title – common property – whether orders for remediation of common property lacked specificity such as to amount to error of law – whether failure to take into account – relevant (and necessary) consideration – substantial

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

APPEALS---Dividing fences---Renewal proceedings---Order dismissing proceedings---Whether error of law established---Whether other error involving leave established

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

Owners Corporations; Costs

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

BODY CORPORATE PROPERTY – whether a request for return of body corporate property was a prescribed notice – whether to order return of body corporate property. Standard Module, s 206

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

COMMON PROPERTY – where a storage area has been constructed in the common property roof space above the respondent’s lot – where an engineer has advised the area is not designed for that purpose and will not issue a structural integrity certificate until all goods are removed from the roof space – whether the respondent should be required to remove his personal property from the roof space. Act, ss 165, 170-177; Accommodation Module, s 162

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

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205; Accommodation Module, ss 202, 203

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

COMMITTEE – whether the body corporate had decided the way to conduct the election of the committee; whether there is good reason to consider invalidating the election of the committee. ADMINISTRATOR – whether an order is required to appoint an administrator. COSTS – whether to dismiss the application under section 270(1)(c) of the Act and award costs against the applicants. Act, ss 99, 242, 270; Commercial Module, ss 10, 14.

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

COMMITTEE – whether the committee had power to make a body corporate decision; whether the committee acted reasonably making a body corporate decision. Act, ss 94, 100, 101, 108-110; Commercial Module, ss 18, 26

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

ADMINISTRATOR – whether it is just and equitable in the circumstances to appoint an administrator. Act, ss 276, 301.

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

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4, 276(1); Accommodation Module, s 64

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

CORPORATIONS – application for reinstatement of company – company formerly involved in development of home units – wound up and deregistered soon after completion of development – proceeds of sale of apartments transferred prior to winding up to another company – alleged defects in construction – purpose of reinstatement to join company as a defendant in existing Technology and Construction List proceedings – principles relating to reinstatement of a corporation discussed.

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Commercial Module, s 33.

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

APPEAL – leave to appeal – exercise of discretion – leave refused - leave to adduce new evidence refused - strata scheme – common property defects – scope of works – rectification costs – whether strata levy excessive - costs of appeal

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

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

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

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

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

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

ENVIRONMENT AND PLANNING — Consent — Conditions — Whether installation of a protective balustrade around a roof garden required — Whether area designed for use by occupants LOCAL GOVERNMENT — Legal proceedings — Judicial review — Judicial review of council decisions — Whether conditions imposed on development consent satisfy Newbury test for validity — Whether applicants denied procedural fairness

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

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

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

COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – JURIDICTION – whether the orders sought are within the jurisdiction of an adjudicator - TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 227, 242, 309; Standard Module, ss 10, 21, 91

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

COMMITTEE ELECTION – whether the elected chairperson was eligible to be a voting member of the committee – whether ballot papers with multiple votes for executive committee positions were valid – whether the election was valid – TIME LIMIT – whether the time limit for bringing the application should be waived. Act, ss 15, 242, 309; Standard Module, ss 10, 21, 91

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 283

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

APPLICATION FOR AN INTERIM ORDER – where body corporate passed a resolution to replace the scheme lifts – whether upgrade is improvement or maintenance – where applicant alleges upgrade motion was for an improvement to common property, requiring a special resolution – where applicant alleges upgrade works are premature – whether committee actions to propose the upgrade resolution were unreasonable – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience falls in favour of the applicant. Act, ss 94(2), 100(5), 106, 269(3), 270, 279(1); Accommodation Module, ss 56, 70.

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

INTERIM ORDERS – whether order necessary IMPROVEMENT – MAINTENANCE – whether replacement of lift is improvement to common property. Standard Module, s 163

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

ANNUAL GENERAL MEETING – whether a body corporate is permitted to hold an AGM outside the prescribed legislative time frame. Standard Module, s 66.

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

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

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

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

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

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

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act NUISANCE / UNREASONABLE INTERFERENCE WITH USE OR ENJOYMENT OF ANOTHER LOT - s.167 Act.

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

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

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

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

LAND LAW – Strata title – Strata Schemes Management Act 2015, ss 136, 139,150 – By-laws – Power to make by-laws – By-law not to be harsh, unconscionable or oppressive – Whether by-laws prohibiting the keeping of animals and/or regulating the number of animals that can be kept is harsh, unconscionable or oppressive

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

LAND LAW – Strata title - Strata Schemes Management Act 2015 ss 136, 139, 150 - By-laws – Power to make by-laws – By-law not to be harsh, unconscionable or oppressive – Whether by-law prohibiting the keeping of animals is harsh, unconscionable or oppressive – Proceedings for imposition of civil penalty – Jurisdiction of Appeal Panel in appeal against civil penalty decision

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

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

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

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

EGM – whether notice of a requested EGM was given to the secretary; whether the requested EGM was lawfully called. ADMINISTRATOR – whether to appoint an administrator for the body corporate. Act, ss 4, 14, 119; Commercial Module, ss 34.

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

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

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

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

ANNUAL GENERAL MEETING – whether a body corporate should be permitted to hold an AGM outside the prescribed legislative time frame. Act, ss 2, 4, 276(1); Accommodation Module, s 64

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