2 Phillip Street Sydney

Verdict

Cost exposure

• Tribunal and legal costs

  Indicative per-lot share of tribunal and legal costs in a strata dispute (NCAT). Scaled for: 4 matters.

  $5,000

Litigation · 4 matters

• Tan v The Owners Strata Plan 22014 (No 3) [2016] NSWSC 896

  Costs and procedure NSWSC 28 June 2016

  COST ORDERS – third defendant sought indemnity from the first defendant owners corporation for her costs of the proceedings – first defendant was not initially capable of opposing plaintiffs’ application for leave to take proceedings in the name of the first defendant – court of its own motion joined the third defendant as a party to plaintiffs’ application – exceptional circumstances – principles of justice and fairness considered – court had already ordered the first defendant to indemnify the

• Tan v The Owners Strata Plan 22014 (No 2) [2015] NSWSC 1920

  Management and meetings NSWSC 17 December 2015

  PROCEDURE – costs – whether to order owners corporation to indemnify plaintiffs for their costs – plaintiffs members of executive committee – NCAT orders vesting all functions of owners corporation in strata manager – apparent inability of owners corporation to appeal – rule in Foss v Harbottle applies to owners corporations – whether interests of justice exception to the proper plaintiff rule satisfied – owners corporation ordered to indemnify plaintiffs but not for costs incurred in pursuit of

• Tan v The Owners Strata Plan No 22014 [2015] NSWSC 71

  Management and meetings NSWSC 19 February 2015

  PROCEDURE – civil – judgments and orders – application to set aside consent orders that owners corporation indemnify plaintiff lot owners in proceedings and pay costs of defendants in those proceedings – where second defendant appointed as strata managing agent under Strata Schemes Management Act 1996 (NSW), s 162 with all powers of executive committee of owners corporation – where executive committee resolutions appointing legal representative and instructing it to sign consent orders on behalf

• Tan v The Owners - Strata Plan 22014 [2014] NSWSC 1660

  Management and meetings NSWSC 19 November 2014

  REAL PROPERTY - strata schemes - whether orders of NSW Civil and Administrative Tribunal appointing strata managing agents displaced power of executive committee to appoint solicitor to act for Owners Corporation; PRACTICE AND PROCEDURE - setting aside of orders - whether serious question to be tried that orders obtained against good faith or in absence of party

Decisions naming this scheme, from NSW Caselaw (NCAT and the courts). The quoted line beneath each is the decision's own catchwords; the topic tag is our grouping of those words. Whether a matter helped or hurt the scheme is not assessed here.

Statutory-warranty outlook

Structural cover

Likely expired · est. expiry 10 October 1991

Non-structural cover

Ran to 10 October 1991

A single 7-year warranty period applies because the scheme was registered before the 1 February 2012 reform. Estimated from the registration date, not the completion date or building contract, so treat the dates as indicative.

Evidence ledger

What was checked, what it found, how strong the match, and when each source last ran. A source that has not run here yet reads as not checked, never as checked and clear.