Decisions table

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.

COSTS – specified gross sum costs order – where defendant made unmeritorious applications in the course of the proceedings – where defendant sent numerous inappropriate or irregular communications to the Court and to plaintiffs’ solicitors – baseless allegations of fraud or serious misconduct – whether the defendant’s conduct increased the costs of the proceedings – whether the defendant’s conduct suggests a costs assessment likely to be delayed and protracted – quantum of specified gross sum co

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

BUILDING AND CONSTRUCTION – separate questions – “owner” – Home Building Act 1989 – whether development manager and another party named in development management agreement were owners and thus developers of land for the purposes of the Home Building Act 1989 BUILDING AND CONSTRUCTION – separate questions – “contract to do residential building work” – Home Building Act 1989 – development management agreement – whether development management agreement is a contract to do residential building work

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.

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.

BUILDING AND CONSTRUCTION – ss 18B, 18D of the Home Building Act 1989 (NSW) – statutory warranties as to quality of home building work – where plasterboarding, air conditioning and acoustic installation work in apartments is defective – whether the defendant builder did defective building work – the defendant suspended building work under the Building and Construction Industry (Security of Payment) Act 1999 (NSW)

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.