Decisions table
Every strata tribunal matter we hold, across the states, filterable like a database. New South Wales matters are read into structured fields, the parties and their roles, who presided, how it ended, and the money in play. Matters in the other states are catalogued from the tribunal register with their citation, scheme, and source, ahead of the same structured read.
71 matters on the public record
Outcome and money figures are computed over the 71 structured-extract matters in this set, all in New South Wales, the only state read into outcome and amount so far. Matters catalogued from the other registers are not folded into these figures.
| Decision | Parties | Member | Dispute | Outcome | Amount | Year |
|---|---|---|---|---|---|---|
| The Owners – Strata Plan No 89005 v Stromer (No 3) [2022] NSWSC 1707 |
| Ball J | Building defects | Mixed Paragraphs 20 to 33 of the cross-claim were struck out as defectively pleaded, but the cross-claimant was given a further opportunity to amend the pleading to properly allege negligence by identifying specific actions a reasonable building supervisor would have taken to avoid the relevant risks of harm. | — | 2022 |
| The Owners – Strata Plan No 90189 v Parkview Constructions Pty Ltd (No 2) [2022] NSWSC 1477 |
| Rees J | Building defects | Applicant successful The defendant's motion for an advance ruling under section 192A of the Evidence Act seeking to exclude expert reports was dismissed, and the plaintiff was awarded indemnity costs from the date of the Calderbank letter because the defendant's rejection of the walk away offer was unreasonable given the motion's lack of merit and the plaintiff's prior warnings. | — | 2022 |
| The Owners – Strata Plan No 90189 v Parkview Constructions Pty Ltd [2022] NSWSC 1382 |
| Rees J | Building defects | Respondent successful The Court dismissed the builder's motion seeking an advance ruling that expert reports were inadmissible, finding it premature and inappropriate to use section 192A of the Evidence Act where the parties had agreed to a Scott Schedule procedure and no trial date had been allocated. | — | 2022 |
| The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123 |
| Stevenson J | Building defects | Orders made The plaintiff was granted leave to amend its Technology and Construction List Statement to add claims under the Design and Building Practitioners Act 2020 and to include new defects regarding external façade, window glazing, and stairwell pressurisation systems, with the defendants ordered to pay the plaintiff's costs of the Notice of Motion. | — | 2022 |
| The Owners – Strata Plan No 84674 v Pafburn Pty Ltd (No 2) [2022] NSWSC 1002 |
| Stevenson J | Building defects | Procedural Application to dismiss proceedings against the developer defendant refused and plaintiff granted leave to file amended pleading to pursue claim that the developer carried out construction work in breach of statutory duties under the Design and Building Practitioners Act 2020. | — | 2022 |
| The Owners – Strata Plan No 89044 v Dreizi Constructions Pty Ltd [2022] NSWCATCD 147 |
| M Deane, Senior Member | Building defects | Mixed Consent orders were entered requiring the builder to undertake rectification works, with each party to bear its own costs on the basis that both parties acted reasonably and the matter was settled through compromise rather than capitulation. | — | 2022 |
| The Owners – Strata Plan No. 90347 v President Properties Pty Ltd [2022] NSWCATCD 99 |
| Graham Ellis SC, Senior Member | Building defects | Respondent successful The application was dismissed as the Tribunal did not have jurisdiction under the Home Building Act 1989 because the claim against the developers was lodged more than six years after completion of the building work, and the request to join Stadurn Pty Ltd and amend the application to add claims under the Design and Building Practitioners Act 2020 were refused. | — | 2022 |
| The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659 |
| Stevenson J | Building defects | Procedural The Court decided that a person having substantive control over construction work includes the owner of the land, and that substantive control means having the ability to control how work is carried out rather than actually exercising such control; motions regarding amendment and dismissal were deferred pending further procedural steps. | — | 2022 |
| Icon Co (NSW) Pty Ltd v The Owners – Strata Plan No. 97315 [2022] NSWCA 114 |
| Brereton JA, Kirk JA | Building defects | Respondent successful The application for leave to appeal from the primary judge's ruling excluding expert evidence about alternative causation of increased insurance premiums was dismissed because there was no sufficiently arguable case of error, as the alternative explanation should have been pleaded to afford procedural fairness. | — | 2022 |
| The Owners – Strata Plan No. 96841 v KF Developments Pty Ltd [2022] NSWCATCD 13 |
| Graham Ellis SC, Senior Member | Building defects | Mixed The matter was resolved by consent orders for a work order on 14 October 2021, and each party was ordered to pay their own costs as the respondent builder's conduct was found to be reasonable and there was no substantial victory or loss. | — | 2022 |
| The Owners - Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 |
| Stevenson J | Building defects | Procedural Leave to amend the Technology and Construction List Statement to add a claim under the Design and Building Practitioners Act 2020 was refused because the proposed pleading failed to identify the specific risks the builder was required to manage and the precautions it should have taken, and the Owners Corporation was given one further opportunity to reformulate the amended statement. | — | 2021 |
| The Owners – Strata Plan No 98970 v Capitol Property Services Pty Ltd [2021] NSWSC 950 |
| Williams J | Building defects | Orders made The freezing order made on 1 June 2021 was extended until 1 December 2021 upon the plaintiff undertaking to give the usual undertaking as to damages and to commence proceedings under s 37A of the Conveyancing Act in relation to the transfer of Lot 2 from Lotus to Mr Qiu. | — | 2021 |
| The Owners – Strata Plan No 85561 v Omaya Holdings Pty Ltd [2021] NSWSC 918 |
| Stevenson J | Building defects | Applicant successful The Owners Corporation was entitled to judgment against the builder and developer for $1,212,250 for building defects (flammable cladding and waterproofing) following the builder and developer's default under the settlement agreement in failing to procure HBCF insurance, complete rectification works, and pay instalments. | $1,212,250 | 2021 |
| The Owners – Strata Plan No 89005 v Stromer [2021] NSWSC 853 |
| Williams J | Building defects | Applicant successful The court refused the defendants' applications for leave to amend to introduce a limitation defence based on a new construction of the Home Building Act and for leave to file cross-claims against subcontractors, finding the cross-claims insufficiently pleaded and the limitation defence amendment procedurally inappropriate given prior withdrawal. | — | 2021 |
| Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2021] NSWCATAP 122 |
| G Blake AM SC, Senior Member D Robertson | Building defects | Respondent successful The appellant was ordered to pay the respondent's costs of the appeal on the ordinary basis as the respondent was successful in resisting the appeal, with the appellant only achieving a reduction of $5,161.20 on an undisputed point of error. | — | 2021 |
| The Owners – Strata Plan No 93543 v Zhang [2021] NSWSC 277 |
| Stevenson J | Building defects | Applicant successful The Court refused the defendant's application to withdraw admissions made in his List Response regarding his status as builder/developer and the Owners Corporation's entitlement to statutory warranties, finding that withdrawal would require adjournment and would be profoundly unjust to the plaintiff. | — | 2021 |
| Owners of Strata Plan No 30791 v Southern Cross Constructions (ACT) Pty Ltd (in liquidation) (No 2) [2021] NSWCA 35 |
| Gleeson JA, McCallum JA, Emmett AJA | Building defects | Mixed Appeal allowed in part against builder and insurer on negligence claim regarding excavation works; apportionment of responsibility determined with builder liable for portion of damage; costs ordered at 75% of first instance and 60% of appeal costs in favour of appellants. | — | 2021 |
| The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150 |
| Henry J | Building defects | Mixed The claim against Saaib was dismissed, but judgment was entered in favour of the Owners Corporation against Alexandrova for $3,425,583.54 for misleading and deceptive conduct in relation to home warranty insurance for defective building work. | $3,425,584 | 2021 |
| Taylor Construction Group Pty Ltd v The Owners - Strata Plan No 92888 [2020] NSWCATAP 277 |
| S Westgarth, Deputy President; D Robertson, Senior Member | Building defects | Respondent successful The appellants were ordered to pay the respondent's costs of the appeal on the ordinary basis as agreed or as assessed, as the respondent was entirely successful in opposing the appeal concerning removal of Biowood cladding attachments from the building facade. | — | 2020 |
| Ericon Buidings Pty Limited v The Owners Strata Plan No 96597 [2020] NSWCATAP 265 |
| T Simon, Principal Member; D Fairlie, Senior Member | Building defects | Respondent successful The Appeal Panel refused leave to appeal and dismissed the appellants' appeal against the Principal Member's orders that had directed a transfer application hearing and pre-trial directions, finding no error of law and that the Principal Member did not reject the builders' proposed consent judgment orders but merely adjourned their consideration pending the transfer application hearing. | — | 2020 |
| Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 |
| G Blake AM SC, Senior Member D Robertson | Building defects | Mixed The appeal was allowed in part; the judgment amount was reduced from $71,742.71 to $66,581.51 by removing builders margin and GST on the tile rectification costs, with all other grounds of appeal dismissed. | $66,582 | 2020 |
Structured rows are read from the decision's own text into fields; fields the decision does not state are left blank, never inferred. Catalogued rows are matters we hold from the tribunal register, ahead of that read. Every row links to the source decision.