Decisions table

Alleged breach of noise by-law. Act, ss 59, 66, 94, 183

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

IMPROVEMENT TO COMMON PROPERTY; IMPROVEMENT TO LOT – whether an owner should be permitted to install air conditioning within her lot and upon the common property roof; whether the air conditioning benefits from a statutory easement; whether the body corporate unreasonably withheld approval for the air conditioning; whether the body corporate was required to provide reasons for its refusal. Act, ss 94, 100(5), 252E(5), 270; Standard Module, s 187; Land Title Act 1994, s115O.

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

• Macey's Group Pty Ltd party
• The Owners – Strata Plan No 33591 owners corp

The application for costs in connection with the proceedings at first instance was dismissed, but the respondent was ordered to pay the appellant's costs of the appeal on an ordinary basis.

INTERIM ORDER – where committee holds informal meetings – where committee member alleges committee proposes expenditure on item agreed at informal meeting – where committee denies the allegation – whether to grant interim order. Act, s 276

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

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner

The defendant was ordered to pay the plaintiff's costs thrown away by the adjournment, assessed as a gross sum of $17,600.

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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

ADMINISTRATOR – where annual general meeting failed to elect a full committee – where elected committee member then resigned – where lot owner applies to be appointed as administrator with remuneration - whether to appoint applicant as administrator with remuneration. Act, ss 278, 301; Standard Module, s 41

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

ANNUAL GENERAL MEETING – whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Standard Module, s 83.

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

RECORDS – whether an owner has been wrongfully denied access to body corporate records. BODY CORPORATE – whether the body corporate has acted reasonably. Act, ss 94, 276.

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

Permission to hold AGM outside of legislative time frame\_.\_ Standard Module, s 83.

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

ADMINISTRATOR – where lot owner requests to be appointed as administrator with powers of the committee to call and hold an extraordinary general meeting to conduct a committee election – where all other owners consent to the appointment – whether to appoint administrator. Act, ss 278, 301

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

ANNUAL GENERAL MEETING – whether an AGM may be held late. Accommodation Module, s 73.

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

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

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

ANNUAL GENERAL MEETING – whether a declaration should be made that if the body corporate holds its AGM outside the prescribed legislative time frame, the meeting will not necessarily be invalid. Act, ss 2, 4, 276(1); Accommodation Module, s 73.

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.

APPLICATION FOR AN INTERIM ORDER – whether the body corporate should be prevented from putting into effect a resolution from an annual general meeting to terminate the caretaking and management agreement held by a company of which the applicants are directors – whether there is jurisdiction to determine the matter – whether the nature or urgency of the circumstances require an order to be made – whether there are serious questions of law and the balance of convenience favours the case advanced by the applicants. Act, ss 94(2), 149(B), 276(1), 279(1).

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

RESONABLENESS – where occupier sought committee approval to keep a dog – where approval refused – whether committee acted unreasonably. Act, s 100(5)

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

RESONABLENESS – where occupier sought committee approval to keep two cats – where approval refused – whether committee acted unreasonably. Act, s 100(5)

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

INTERIM ORDER – whether an interim order is warranted. Act, s 279

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

MAINTENANCE – whether the body corporate is responsible for repairing termite damage to a lot, and should meet the costs of repair – whether the body corporate undertook adequate termite prevention measures – whether the body corporate is responsible for waterproofing a balcony and should pay the costs of remediation. Act, ss 94, 100(5), 276(1), 281(1); Standard Module, ss 180, 221.

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations, whether body corporate is responsible for the cost of repairs to a lot – where applicant argues that damage is attributable to a failure by the body corporate to maintain exterior of the building Act ss 152, 227, 228, 276, 281; Accommodation Module, s 157. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")

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

NUISANCE – whether the volume and nature of communications from the respondent constitute a nuisance. Act, s 167

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

NUISANCE – whether the volume and nature of communications from the respondent constitute a nuisance – COSTS – whether the respondent should pay the conciliation and adjudication application fees – whether the application should be dismissed with costs. Act, ss 167, 270(1)(c), 280

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Standard Module, s 83

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

COMMON PROPERTY – whether the body corporate has complied with its statutory maintenance obligations. DAMAGE TO PROPERTY – whether the applicants have suffered damage to property because of the body corporate’s contravention of the Act. ADMINISTRATOR – whether to appoint a person as administrator of the body corporate. Act, ss 94, 152, 281, 301; Standard Module, s 180.

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

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

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

BY-LAWS – where the body corporate says vegetation on the respondents’ lot obstructs the view of neighbouring lots – whether the respondents are in breach of the by-laws – whether the respondents should be required to prune the vegetation on their lot – COSTS – whether the respondents should pay the costs of the application fees. Act, ss 182-188, 280

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

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

ANNUAL GENERAL MEETING – validity of a late AGM. Accommodation Module, s 73.

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

CHANGE OF FINANCIAL YEAR – whether an order should be made to change the financial year end date of the body corporate. Act, s 283

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Accommodation Module s 73; Standard Module s 83; Commercial Module s 40

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

POWER OF ADJUDICATOR TO MAKE ORDERS - Section 276. WHEN ANNUAL GENERAL MEETING MUST BE CALLED – section 64 Accommodation Module.

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

Whether general meeting resolution choosing steps over ramp to reinstate pedestrian access to scheme should be declared void. Act, s 94

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

Whether general meeting resolution choosing steps over ramp to reinstate pedestrian access to scheme should be declared void. Act, ss 226, 227, 228

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

• Anne Lewinsky lot owner
• Sidney Lewinsky lot owner
• Ronald Allen Zucker lot owner
• The Owners - Strata Plan No 85312 owners corp
• Burbank Montague Pty Ltd lot owner
• Gornoa Pty Ltd lot owner

Burbank Montague Pty Ltd and Gornoa Pty Ltd ordered to pay the costs of the applicants for the substantive and interim proceedings on the basis that they acted unreasonably in opposing the appointment of a compulsory strata managing agent and the carrying out of building works.

ANNUAL GENERAL MEETING – whether a body corporate annual general meeting will be invalid just because it will be held outside the prescribed legislative time frame. Accommodation Module, s 73.

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

BODY CORPORATE FUNCTIONS – REASONABLENESS – INTERIM ORDER – where subsidiary body corporate committee voted to instruct its representative to vote in favour of the principal body corporate conducting drainage works on PBC common property – where owner in SBC alleges the works would benefit only one owner in the SBC and the work is not a PBC obligation – whether to grant interim order to stop SBC instructing representative to vote in favour of the works by the PBC Act, ss 94(1), 94(2), 100(5)

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

GENERAL MEETING PROCEDURE – where the applicant raises issues with the conduct of a general meeting - whether the meeting should be invalidated. Act, ss 242, 270(1)(c); Accommodation Module 2008, ss 72, 80, 84, 85

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

Whether interim order is necessary to require body corporate to direct contractor to prevent removal of items. Act, s279.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Standard Module s 66

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

MAINTENANCE – in building format plan – whether body corporate has failed to meet their obligations, whether body corporate is responsible for the cost of repairs to a lot – where applicant argues that damage is attributable to a failure by the body corporate to maintain exterior of the building Act ss 152, 227, 228, 276, 281; Standard Module, s 159. Seiwa Pty Ltd v The Owners Strata Plan 35042 [[2006] NSWSC 1157)](/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2006/1157.html "View Case") Ridis v The Owners Strata Plan 10308 [[2005] NSWCA 246](/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2005/246.html "View Case") MAGOG Pty Ltd v Body Corporate for the Moroccan [[2010] QDC 70](/cgi-bin/viewdoc/au/cases/qld/QDC/2010/70.html "View Case")

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

• The Owners – Strata Plan No 93543 owners corp
• Hui Zhang lot owner
• ZH International Pty Ltd builder

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.

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

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

• Yu Huang lot owner
• Cui'e Zhao lot owner
• The Owners – Strata Plan No 7632 owners corp

The appellants were ordered to pay the costs of the respondent on the basis set out in the legal costs legislation, as the appeals lacked merit and the appellants endeavoured to relitigate and re-agitate matters previously decided adversely to them.

GENERAL MEETING – whether to void a motion passed at a general meeting. Act, s 104; Small Schemes Module, s 37

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

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

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

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – where annual general meeting to be held more than three months after end of financial year – whether to declare that annual general meeting will be not be invalid for being held late Standard Module s 83

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

APPLICATION FOR INTERIM ORDERS – whether the body corporate should be prevented from implementing the decisions of its forthcoming annual general meeting until a decision can be made about whether an owner’s vote and committee nomination were incorrectly excluded on the basis that he owes the body corporate a debt. Act, ss 31, 59(2)(b), 229A, 279; Small Schemes Module, ss 11(3), 50(2).

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