Decisions table

Appeal

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

Contracts: Agreement to compromise part of a claim in the Consumer, Trader & Tenancy Tribunal of NSW. Appeal from Tribunal as a matter of law. Held that agreement not as extensive as found by Tribunal. Appeal allowed and matter remitted to Tribunal for further consideration.

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

Development Application :- Class 1 proceedings Industrial Strata building Appeal of council's refusal of a development application of one owner in the building Owners' corporation's concern that application involved some common property Consent of owner Dismissal of proceedings DEVELOPMENT APPLICATION: Class 4 proceedings Owners' corporation's role in development application Whether lack of owners' corporation's consent to the application prevents the court upholding an appeal in relation to cou

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

REAL PROPERTY - Strata and related titles and occupancy - Whether an owners corporation was required to up-grade an exhaust ventilation system to service the needs of a lot owner - Whether an owners corporation could refuse a lot owner access to common property under its power of management and control on the basis that the exhaust ventilation system was overloaded - Whether the exercise of that power was a fraud on the minority, a breach of statutory duty or a breach of by-laws - Whether damage

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

ADMINISTRATIVE LAW - TRIBUNAL - JURISDICTIONAL OR FACTUAL ERROR - ESTOPPEL - PROCEDURAL FAIRNESS - CONSTRUCTION OF CLAUSES IN STATUTORY INDEMNITY SCHEME - SEPARATE QUESTIONS DIRECTED

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

Compensation :- acquisition of frontage strip from land held in strata scheme and developed by existing industrial development

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

Appeal - Small Claims Division of Local Court - damage to electrical appliances - power surge

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

Practice & Procedure- proper parties. Whether a lot holder in a strata plan is a necessary party to a claim in negligence against the builder of the building comprising the Strata Plan. Consideration of section 227 of the Strata Scheme Management Act 1996 and the powers of an Owners Corporation.

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

Appeal

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

Appeal from interim

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

CONTRACT - REAL PROPERTY - STRATA TITLES - Agreement for caretaker services to a large complex of strata units - Whether amounted to delegation of functions of owners corporation in breach of Strata Schemes Management Act 1996

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

Appeal

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

REAL PROPERTY - strata and related titles and occupancy - air conditioning unit servicing one lot - some components within lot others within common property - District Court action by lot owner against persons allegedly responsible for defects in air conditioning system - need for owners corporation as party to proceedings - CORPORATIONS - bodies corporate other than companies and associations - owners corporation constituted by strata titles legislation - applicability of "proper plaintiff rule

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

Real Property - Easements. Application under section 88K of the Conveyancing Act 1919 for a drainage easement. No Council approval for development to be serviced by the proposed easement. Whether easement was necessary. Held it was not. Discussion of the need for particularity in respect of the proposed use or development.

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

Equity - appeal - strata plan - body corporate - dividing wall - water penetration - responsibility for rectification - common property - Strata Titles Board - finding of fact - whether trial judge can decide a question that did not appear in the stated case - no evidence - Coulton v Holcombe - notice of contention - case stated technique

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

Equity - property law - planning and environment - application for leave to appeal - development application lodged by lot owner - rejection of development application by council - strata scheme - body corporate - owners corporation - whether body corporate can refuse consent to development application - whether body corporate is included in definition of 'owner' - regulation 46(1)(b) EPA Act - whether development application concerned common property - Whether Halpin's case should be reconsider

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

Contracts. Construction and interpretation of contracts. Agreement for caretaker services to a large complex of strata units. Whether on its construction the agreement delegated functions of the Owners Corporation is in breach of s13(3) of Strata Schemes Management Act 1996. Held that it did not constitute a delegation of functions.

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

Administrative law - summons seeking declarations - construction of residential home units - alleged defects in building work - claim by body corporate under insurance scheme - requirements imposed by scheme in considering claim - whether compliance with those requirements - if not, whether declarations should be made - consideration of utility.

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

Misleading and deceptive conduct - Fair Trading Act - valuations - failure to inspect - weight of evidence - damages - scope of damages - not construed narrowly - requires causal link between contravening act and loss - reasonableness of plaintiffs' conduct - onus on plaintiffs to prove damages.

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

Compulsory Acquisition of Land :- acquisition of part of common property of strata scheme-whether lessees of three lots entitled to claim compensation by way of disturbance-application for joinder as claimants

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

NEGLIGENCE - causation - failure to provide additional handrails on set of stairs - different lighting levels - need for nosings to mark the edge of a step - NEGLIGENCE - contributory negligence - causation - apportionment of responsibility and damages

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

[EASEMENTS] - Rights of carriage way - Application for extinguishment of rights of way granted in 1956 - Whether rights of way should be deemed obsolete pursuant to s 89 of the Conveyancing Act 1919 (NSW) - Grant to Lot A with the intention to consolidate Lot A with a Lot adjacent to it - Whether intended that adjacent Lot have the benefit of the rights of way.

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

CONTRACT [90] - General contractual principles - Illegal and void contracts - Contracts illegal by statute - General principles - Nature of statutory prohibition - Entry into contract prohibited - ESTOPPEL [35] - Estoppel in pais - Matters against which estoppel does not prevail - Statutory provisions - Statute representing social policy for protection of section of public - REAL PROPERTY [440] - Strata titles - Body corporate - Management and control - Managing agent must be licensed - Whether

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

Appeal from the Local Court on a question of law - no question of principle

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

REAL PROPERTY [448]- Strata units- Body corporate- Duties- What may be considered if consent sought by unit holder to development application solely within its lot.

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

TECHNOLOGY AND CONSTRUCTION- Comprehensive Insurance Scheme under Building Services Corporation Regulation- Time limits for claim- Meaning of clause 7 of the Scheme- Meaning of "major structural defects"- Scope of power in clause 7 to extend times- Whether defects have to be pervasive throughout a building to be major structural defects- Meaning of "element", "substantial", "functional", "habitability" and "structure" in clause 31 of the Building Services Corporation Regulation 1990- Effect of t

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

Torts- Nuisance- Negligence- Misfeasance- Damage caused by pressure-Liability on Council for roots of tree growing on footpath- On facts, Council liable. Procedure- High Court decision restating principles after decision at first instance- Effect on appeal. (D)

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

CONVEYANCING - injunction - declaration - costs - utility of appeal - appeal dismissed

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

Security for Costs - Part 53 rule 2- litigation for the benefit of others - whether benefit to the plaintiff - Evidentiary burden - whether applicant has discharged burden.

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

PRACTICE and PROCEDURE - stay of proceedings - concurrent claims to declare void Management Agreement for home units in Supreme Court and to modify agreement (as agreement whereby person performs work in an industry) in Industrial Relations Commission - applicant in Commission applies to stay proceedings in Supreme Court - consideration of principles - stay of proceedings refused.

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

FAIR TRADING TRIBUNAL - APPEAL - COMPETENCE -First Defendant claims against Plaintiff under Insurance Scheme established by Home Building Act 1989 in respect of cost of rectifying faulty building work - claim refused by Plaintiff - First Defendant appeals to Fair Trading Tribunal under s.85(d) of Home Building Act - when appeal comes on for hearing Plaintiff agrees to pay stipulated sum by way of compromise - parties fail to agree as to time and mode of payment - Tribunal orders Plaintiff to pay

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

REAL PROPERTY - Strata and related titles - Body corporate's duty to keep common property in good and serviceable repair - Whether wall entirely within lot is common property - Whether wall on boundary between lots is common property - Whether floor tiles entirely within lot are common property - PRACTICE AND PROCEDURE - Appeal by way of stated case - Question of law arising on stated case - Whether particular items are common property is question of law - Whether there was evidence of fact foun

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

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.

NEGLIGENCE - No point of principle - Plaintiff injured when falls on stairs - Whether trial judge's findings as to how accident happened, breach of duty, and causation, sould be overturned. ND

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

TORTS - Nuisance - tree on road owned and under care and control of Council as highway authority - damage to adjoining property caused by roots of tree - tree no planted by council - non-feasance rule - HIGHWAYS - negligence and nuisance - damage caused to property adjoining highway from roots of tree growing on verge - non-feasance rule

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

CONVEYANCING [128]- Torrens system- Dealing- Status of document recording alteration to by-laws of Strata Title Scheme. CONVEYANCING [184]- Caveats- Who may lodge- Strata owner entitled to interest in common property may lodge caveat. PROCEDURE [743]- Declarations- Alternative statutory tribunals available- Discretion- Whether Court should entertain dispute- Factors involved.

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

Transfer of proceedings to the District Court - Power of District Court to award costs incurred prior to transfer.

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

Development :- Council approving development subject to conditions including grant of carriageway in favour of adjacent land - council issuing linen plan prior to satisfaction of condition requiring grant of carriageway - registration of strata plan - respondent objecting to grant of right of way - order implementing carriageway as required by development consent.

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

Appointment of Strata Managing Agent - Same solicitor not to represent owners corporation and applicant lot owners

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

Appeals from Commissioner to Strata Schemes Board

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

Equity [341]- Injunctions- Mareva type- Creditors' bill- Difficulty in obtaining execution at law- Equitable remedy available. Procedure [521]- Execution- Equitable remedies available to assist execution creditor

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

Real Property [411]; Easements; Right of way in basement; Ancillary right to have it lit; Disability of servient owner to decrease lighting

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.