Decisions table

TORTS – miscellaneous torts – right of support – application of s 177 of the Conveyancing Act 1919 (NSW) – whether loss of support caused damage to adjoining property NEGLIGENCE – essentials of action for negligence – whether there was a failure to take reasonable care – whether any failure caused damage NEGLIGENCE – apportionment of responsibility and damages – onus of proof CIVIL PROCEDURE – pleadings – amendment – joinder of plaintiffs who are otherwise statute barred

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.

STRATA SCHEMES – s 126 Strata Schemes Management Act 2015 – Work approval order – limitations on making order – meaning of unreasonably refuse – relevant considerations – individual objectors personal views not determinative.

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.

COSTS – special circumstances

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

Strata Schemes – damages – alteration to common property

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

Appeals - jurisdictional error – proceedings for the imposition of a civil penalty – appeals to the Tribunal or to a Court

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

No. 2; Building and Property

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

Unit Entitlement – unreasonable allocation

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

STRATA SCHEMES---Orders under Strata Scheme Management Act 1996 (NSW)---Operation of savings and transitional provisions under Strata Schemes Management Act 2015 (NSW)---Whether orders expired---Whether Lot owner had failed to comply with orders---Whether owners corporation should be granted access to perform work

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

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.

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

CIVIL PROCEDURE — Experts reports served in breach of Court orders – Leave to rely upon – Exceptional circumstances - Hearings – Adjournment application

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

COSTS - appeal withdrawn - whether special circumstances exist for an award of costs

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

LAND LAW – Strata title – By-laws – validity of by-law restricting the use of a lot LAND LAW – Strata title – owners corporation – liability of owners corporation – no cause of action lies for breach of statutory duty in respect of passage of invalid by-law WORDS AND PHRASES – “dealing”

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

COSTS – security for costs – relevant factors – impecuniosity – delay – risk of stultification – plaintiff’s impecuniosity attributable to the defendant’s conduct COSTS – security for costs – plaintiff strata corporation – liability of members

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

STRATA SCHEME – legal test for an owners corporation not functioning satisfactorily pursuant to s.237(3)(a) of the Strata Schemes Management Act – legal test for an owners corporation failing to perform one or more of its duties pursuant to s.237(3)(c) of the Strata Schemes Management Act APPEAL – whether findings that the Scheme was functioning satisfactorily, that agreements were not harsh or unconscionable or for an improper purpose were manifestly unreasonable and against the weight of evide

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

Strata management – relief on refusal to make by-laws - SSMA ss 126, 149, 232, 240

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

LAND LAW — Easements — Whether easements created by conveyances in 1839 bind present-day registered proprietors CIVIL PROCEDURE — Court administration — Court powers — Whether successor in title can reopen ex parte proceedings in which orders were made that affect property succeeded to

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

COSTS – s 60 Civil and Administrative Tribunal Act, 2013 – special circumstances – new evidence first produced on appeal – no conduct of parties responsible for failure to provide evidence at original hearing – parties raising irrelevant and unnecessary issues.

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

COSTS - whether special circumstances warranting an order for costs – whether refusal of offer of settlement constitutes special circumstances

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

Home Building – Time to commence proceedings – Validity of interim occupation certificate

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

Interlocutory applications - Dismissal application – Transfer application

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

Building and Property

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

STRATA SCHEMES---Practice and procedure---Transfer of proceedings to a court---Dispute involving a building management agreement---Whether Tribunal has jurisdiction---Whether transfer of one or both proceedings appropriate

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

STRATA SCHEMES---Practice and procedure---Transfer of proceedings to a court---Dispute involving a building management agreement---Whether Tribunal has jurisdiction---Whether transfer of one or both proceedings appropriate

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

Strata schemes – installation of security cameras on common property by unitholder – no by-law or resolution of owners corporation in support – notice to comply – direction to remove by owners corporation

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

LAND LAW – strata title – validity of by-laws – by-law granted exclusive rights to certain lot owners to use parts of common property for car parking – by-law purportedly repealed in 1999 by special resolution of Owners Corporation – no written consent obtained from lot owners concerned prior to repealing the by-law as required by Strata Schemes Management Act 1996 (NSW) (“SSM Act”), s 52(1)(a) – Change of By-Laws recorded on title within two years – proceedings commenced in 2018 to challenge va

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.

COSTS - costs when proceedings are settled

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

APPEAL – application for leave to appeal against a costs order by Local Court of New South Wales – two grounds of error of law – one ground of error of fact

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

Strata – Damage to Common Property – Work Order – Sale of Lot after hearing Strata – Notice to Comply - Penalty

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

STRATA – family interest with majority control of strata scheme – responsibilities, obligations and duties of an owners corporation in respect of common property – variation of orders made at first instance – order for maintenance and repair of common property adjacent to the minority interest’s lots – order for contractor (not connected with majority interest) to clean common property

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

Costs; Owners Corporations

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

STRATA SCHEMES – unauthorised alteration to common property – obligation on Owners Corporation to reinstate common property – damages for breach of duty to repair – by-law regulating security access to building – by-law limiting access devices and areas of common property to which access is given – not harsh, unconscionable or oppressive – jurisdiction to award damages for loss arising from exercise of power in respect of issuing security access devices.

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-reallocation of unit entitlements-unreasonable initial allocation-application by owners corporation-valuers method of valuation-exercise of discretion

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

STRATA – minor works – works affecting common property, unauthorised works.

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

PRACTICE AND PROCEDURE – whether Tribunal erred in failing to join a party, and subsequently dismissing proceedings

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

STRATA SCHEMES – Common property – resolution to authorise work to alter common property – obligation to repair – s 106(3) of the Strata Schemes Management Act 2015 (NSW) – power to determine repairs and maintenance are inappropriate – circumstances in which demolition is authorised – unauthorised alterations. MEETINGS – loss of records – presumption of regularity – available inferences of past conduct based on proven facts.

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

Appeal – Strata Schemes – Costs of the appeal- special circumstances

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.

Owners Corporations

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

LAND LAW-strata scheme-declaration of minor alterations-minor alterations unreasonably refused by owners corporation- order that owners corporation approve the works

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

Building and Property

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

LAND LAW – strata titles – proceedings by lot owner against owners corporation – lot owner obtains declaratory relief establishing a limited right apart from the strata titles legislation to use part of the common property – the successful plaintiff ordered to pay the costs of the unsuccessful defendant – whether that result compelled by strata titles legislation – whether the taking of the proceedings was not justified because the strata titles legislation made adequate provision for the enforc

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

LAND LAW - Strata titles - lot owner – damages –deferred - action taken by the owners corporation against builder

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

STRATA SCHEMES - unreasonable refusal to make a common property rights by-law - failure to provide a written consent to the making of a Special By-Law

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

COSTS – strata dispute – s 60 of the Civil and Administrative Tribunal Act, 2013 – absence of special circumstances

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

STRATA SCHEMES - Refusal of consent - Minor alterations by Lot owner - Whether consent unreasonably refused. STRATA SCHEMES - Alteration of common property - Passing of special privileges by-law - Whether owners corporation unreasonably refused to pass.

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

ENVIRONMENT AND PLANNING – Jurisdiction of Supreme Court – whether engaged – Exclusive jurisdiction of Land and Environment Court ENVIRONMENT AND PLANNING — Development Consent — Conditions – whether use of parking lots by “occupants” precluded non-resident owners of parking lots from using their lots ENVIRONMENT AND PLANNING — Court of Appeal — Jurisdiction and powers — Class 4 application LAND LAW — Strata title — Owners corporation – whether by-law validly made LAND LAW — Strata title — Strat

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