Decisions table

APPEAL – leave to appeal – interlocutory order striking out solicitor’s claim to recover legal costs referable to period

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

COSTS – relevant costs rule on appeal where applicants claimed that respondent had unreasonably refused to repeal by-laws – r 38 of the Civil and Administrative Tribunal Rules 2014 (NSW) does not apply – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) does apply

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.

APPEAL – Strata Schemes – Appellant sought declarations as to s 104 of the Strata Schemes Management Act - power of Tribunal

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

COSTS – Rule 38(2)(b) – meaning of the expression “the amount claimed or in dispute is more than $30,000” – scope of operation of the rule – special circumstances – challenge to finding that claimant had arguable case

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 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.

COSTS – special circumstances - disbursements of unrepresented litigant

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

EQUITY – constructive trusts – block of apartments converted from company title to strata title – separate lot created for parking space upon creation of Owners Corporation – all shareholders in company relinquished shares in exchange for strata title except for two shareholders – the company remains the registered proprietor of the parking space – question whether there was a common intention between company and its shareholders that the benefit of the parking space would flow to the Owners Cor

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

Strata Schemes Claim—s 148 Strata Schemes Management Act 2015—application to repeal Special By-Law 9—s 150 of Act – By-Law harsh, unconscionable or oppressive—s 24 of Act—declare resolution at EGM be invalidated—s 232 of Act—l Special By-Law be set aside—s 229 of Act—Registrar-general be requested to make certain recordings in registered dealing—conduct of EGM—exercise of Tribunal’s discretion

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.

APPEAL – strata scheme – obligation to maintain and repair common property – unauthorised structures – whether lot property or common property – interpretation of special by-laws – whether reversal of onus of proof - damages for breach of statutory duty COSTS – whether special circumstances

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

Community and strata schemes – whether community management statement can be altered by a special resolution against opposition of some owners to impose a uniform obligation for management across all common property in subsidiary strata schemes - whether non-consensual financial impositions can be on proportions other than the unit entitlement in the community scheme - effect of registration if special resolution void by reason of later statute than Torrens legislation

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

STRATA SCHEMES MANAGEMENT ACT – order for removal of dog – assistance animal within the meaning of the Disability Discrimination Act, 1992 (Cth) – whether concession made that dog was not an assistance animal – competing evidence concerning conduct and management of dog – relevance of subsequent evidence regarding proposed training

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.

REAL PROPERTY – strata schemes – appointment of a strata management pursuant to s 237 of the Strata Schemes Management Act 2015 (NSW)

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

Aust; Owners Corporations

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

No 3; Building and Property

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

APPEAL – whether Tribunal below erred in the exercise of its discretion to refuse an adjournment application made at the commencement of the hearing below – no error of the exercise of discretion established

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

STRATA – one share proprietary company as applicant in two proceedings – prior bankruptcy of the shareholder and director – competency to bring the proceedings if power vacuum at Board level – whether the solicitors acting in the proceedings have a valid retainer – whether ratification can cure defects in authority COSTS – exercise of discretion – special circumstances – indemnity costs – costs awarded against a non-party

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

APPEALS – Adequacy of reasons – whether the Civil and Administrative Tribunal failed to take into account “key” considerations raised by the appellant at the first hearing RES JUDICATA – whether the doctrines of res judicata and issue estoppel bind the Consumer and Commercial Division of the Civil and Administrative Tribunal from hearing a strata schemes dispute in circumstances where a Strata Schemes Adjudicator had determined a similar issue in 2006

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

STRATA SCHEMES---Orders sought to direct owners corporation to obtain advice and take action on various issues---Whether breach established---Whether exercise of discretion by Tribunal to make orders sought established. STRATA SCHEMES - Appointment of compulsory strata manager - Whether criteria under s 237 (3) Strata Schemes Management Act 2015 established.

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

COSTS – indemnity costs - no special circumstances – no discretionary reason to award costs

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

COSTS - application for lodgement of security with Court - strata redevelopment scheme - statutory entitlements of a dissenting owner to reasonable costs - impecuniosity of applicant strata plans - proposal for entity standing behind redevelopment purchaser to give guarantee by deed of support - timing of deed - contingent order for security for costs made

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

Exclusive use by-law – use of common property

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

LAND LAW — Strata title — Common property — Maintenance and repair of common property

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

CIVIL PROCEDURE – self-represented litigant – summons – appeal from Local Court – whether the plaintiff has complied with the Registrar’s orders – transcript not yet available but ordered – Uniform Civil Procedure Rules 2005 (NSW) – rule 50.14 – evidence

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

PRACTICE AND PROCEDURE – pleadings – application for leave to file cross claim – leave to file cross claim refused because proposed claims untenable and bound to fail – clear that legal easements were validly created in 1839 – entitlement to set aside orders made ex parte resides in the person not given the opportunity to be heard – right is personal not proprietary in nature – cross-claimants lack standing to seek to set aside orders made in earlier proceedings

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, by-law has not effect or force, harsh, unconscionable or oppressive

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 REDEVELOPMENT SCHEMES - strata redevelopment schemes for adjacent properties - common acquiring purchaser - dissenting owners in each scheme - whether proceedings should be heard together on application of acquiring purchaser - application supported by the owners’ corporations of each strata plan - applications opposed by each dissenting purchaser - matter involving Strata Plan 6666 already set down for hearing for seven days commencing on 5 November 2018 - preferred counsel and town plan

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

LAND LAW – strata title – owners corporation – meetings of owners corporation – validity of general meeting – resolutions of meeting invalid where chairperson not validly elected and not all lot owners invited to attend or vote – injunction in aid of a statutory right – proper administration of owners corporation interfered with – defendant restrained from holding herself out or acting as a member of strata committee unless and until duly elected

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

Compulsory manager

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.

STRATA SCHEMES – Resolution of disputes – Alteration to common property – Whether orders should be made to restore common property – Functioning of owners corporation – Whether order should be made for compulsory appointment of strata manager – Scope of appropriate orders

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

BUILDING AND CONSTRUCTION – claim by owners corporation against persons alleged to be “developers” as defined by Home Building Act 1989 (NSW) s 3A – question of fact as to whether alleged “developers” were parties to building contract APPEALS – drawing of inferences on appeal – evaluation of competing inferences – where primary judge failed to draw inference that respondents were parties to the building contract BUILDING AND CONSTRUCTION – whether developers liable for “design defects” – statuto

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

COSTS – no power to award costs in Adjudication proceedings – no special circumstances – no discretionary reason to award costs

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

HOME BUILDING-individual components of a fire safety system a major defect, completion of residential building work on issue of interim occupation certificate, limitation period for bringing claim for breach of statutory warranty in respect of other defects, preferred outcome

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.

COSTS – appeal withdrawn – whether special circumstances for award of costs

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

HOME BUILDING CLAIM – defects and statutory warranties – no evidence or no reasonable basis for conclusion – failure to provide proper reasons – whether rectification work was a necessary and reasonable course to adopt – failure to provide procedural fairness

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

APPEAL – Local Court – leave to appeal – Strata Schemes Management Act 1996 (NSW), Schedule 2, ss 32, 33, 34, 34A and 35 – meaning of “must” – Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; 153 ALR 490; [1998] HCA 28 – whether legislative intention can be discerned that Annual General Meetings are invalid for breach of Strata Schemes Management Act provisions – language, subject matter and objects of the Act – consequences of holding every act in breach void –disclo

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.

CIVIL PROCEDURE – application for leave to rely on expert reports and affidavits served out of time – whether in interests of justice to grant leave – where

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.

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.

Validity of Owners Corporation resolution – removal of tanks installed on common property – application for resolution of a dispute between the Owners Corporation and a lot owner.

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.

No 2; Building and Property

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