Decisions table

CONTRACTUAL MATTER – COMPLEX DISPUTE – JURISDICTION – where terminated agreement is a service contractor agreement – where caretaker is not also the letting agent – whether dispute is a complex dispute beyond adjudicator’s jurisdiction RESOLUTION – REASONABLENESS – where body corporate resolved to terminate service contractor (caretaker) agreement – where controller appointed over caretaker’s property – where purported reason for termination was appointment of external administrator – where caretaker disputed it is under external administration – where body corporate was put on notice of that dispute – where body corporate resolved to proceed with termination – whether actions of committee and body corporate was reasonable Act, ss 94(2); 149B; 229(2); 276(1)(c)(i)

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. Small Schemes Module, s 31

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

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279.

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

BY-LAWS – whether the respondent has left large pieces of gym equipment on common property – whether the respondent is in breach of the by-laws. Act, s 59(2)

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

GENERAL MEETING MOTION – where a structure on common property housing exclusive use garages has structural defects – where a motion proposing that the body corporate remove and replace the structure is not passed – whether the body corporate or the owners benefiting from the exclusive use of the structure are responsible for the maintenance of the structure – whether the proposal was for maintenance or improvement – whether the motion should be passed. Act, s 94; Small Scheme Module, ss 84, 107

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

APPLICATION FOR AN INTERIM ORDER – where two annual general meetings were purportedly held in the same month, resulting in two purported committees – whether one committee or the other should administer the scheme in the interim – where repairs are urgently required and body corporate bills need to be settled – 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 falls in favour of the applicants. Act, ss 269(3)(b), 269(3)(c), 279(1); Accommodation Module, ss 63(3)(f), 80, 122, 137(6), 138.

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

APPLICATION FOR AN INTERIM ORDER – where two annual general meetings were purportedly held in the same month, resulting in the election of two purported committees – whether one committee or the other should administer the scheme in the interim – where repairs are urgently required and body corporate bills need to be settled – 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 falls in favour of the applicant. Act, ss 269(3)(b), 269(3)(c), 279(1); Accommodation Module, ss 64, 122.

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

LAND LAW - Strata title - Owners corporation – By-laws

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

GENERAL MEETING – whether a general meeting was properly called; whether motions included on the agenda were authorised by the committee; whether the meeting and the resolutions passed at the meeting are void. Act, ss 94, 276; Standard Module, ss 44-54, 65, 67

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

STRATA TITLE – appeal from order of Tribunal awarding damages for breach of statutory duty – whether s 232 of the Strata Schemes Management Act 2015 confers order making power on the Tribunal to order damages under s 106(5) STATUTORY INTERPRETATION – meaning of phrase “make an order to settle a complaint or dispute about any of the following” in s 232 of the Strata Schemes Management Act 2015

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

BODY CORPORATE – whether the body corporate had a duty to maintain common property trees in good condition; whether the body corporate authorised work to cut back the trees; whether the body corporate acted reasonably, including when making a decision. EXCLUSIVE USE COMMON PROPERTY – whether the body corporate had power to enter exclusive use common property. Act, ss 94, 152, 163, 173; Standard Module, ss 159, 173.

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

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Accommodation Module, s64.

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

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205

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

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot – whether committee approval was required under the by-law – COSTS – whether the body corporate should pay the applicant’s costs. Act, ss 94(2),100(5), 270, 280

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

Whether body corporate should be responsible for cost of re-tiling lot. Act, ss 94, 281; Standard Module, s 159

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

BY-LAWS – where the applicant claims an adjacent occupier has breached the noise by-law by banging her door - whether the body corporate has failed to enforce the by-laws – whether orders are warranted. Act, ss 94, 100, 182-188

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Accommodation Module, s 64.

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

ANNUAL GENERAL MEETING – whether to extend the time for holding an annual general meeting. Act, s 104; Accommodation Module, s 64.

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

APPLICATION FOR INTERIM ORDERS – whether the proposed replacement of the scheme roof has been properly authorised by the body corporate; whether the body corporate should be prevented from proceeding with the work pending final orders. Act, s 279(1); Standard Module, ss 151, 152.

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

BY-LAWS – whether an owner or occupier contravened a by-law; whether the body corporate enforced the by-law in the way provided in the Act; whether the body corporate acted reasonably enforcing the by-law. Act, ss 94, 182, 184.

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

ANNUAL GENERAL MEETING – whether to extend the time for holding the annual general meeting. Act, s 104; Standard Module, s 66

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

ANIMAL BY-LAW – whether the body corporate failed to act reasonably when refusing permission for the applicant to have a dog at her lot – whether committee approval was required under the by-law – COSTS – whether the body corporate should pay the applicant’s costs. Act, ss 94(2),100(5), 270, 280

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

APPLICATION FOR INTERIM ORDERS – whether the proposed replacement of the scheme roof has been properly authorised by the body corporate; whether the body corporate should be prevented from proceeding with the work pending final orders. Act, s 279(1); Standard Module, ss 151, 152.

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

APPLICATION FOR INTERIM ORDERS – whether a notice to enter a lot is invalid because the timing of the entry interferes with a peak period for holiday letting, or because the person who is to enter the lot has not been authorised by a resolution of the committee; whether an interim order should be made preventing the body corporate from proceeding before the end of the holiday period. Act, ss 163, 279(1).

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. Accommodation Module, s 64.

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

ANIMAL BY-LAW – whether the body corporate failed to act reasonably in relation to the applicant’s requests to have two dogs at her lot. Act, ss 94(2),100(5), 245

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

CIVIL PROCEDURE – application to re-open hearing – where plaintiff’s evidence was found to be inadequate in primary

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

Owners Corporation

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

COSTS – where plaintiff sought easements on various bases including by prescription, express grant and s 88K Conveyancing Act 1919 (NSW) – where orders under s 88K not required because plaintiff succeeded on prescriptive easement claim – where plaintiff failed on express grant claim – where successful prescriptive easements claim based on late amendment - whether plaintiff should pay defendants’ costs pursuant to s 88K(5) – whether departure from the usual order warranted – costs apportioned

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

Owners Corporation

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

Costs on appeal

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.

Owners Corporations

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

APPEALS – Application for leave to appeal – No question of principle – Costs – Existence of special circumstances – Gross sum costs order

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

PRACTICE AND PROCEDURE – transfer of proceedings from the Civil and Administrative Tribunal to the Supreme Court of New South Wales – interlocutory decision – leave to appeal refused

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.

Strata management – by-law excluding pets - refusal to amend or replace with new by-law - SSMA ss 134, 135, 136, 138, 139, 146, 147, 148, 149, 150, 153, 156, 157, 158, 159, 232; 1996 Regulation cll 35, 37, Sch 2, Sch 3.

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

BUILDING AND CONSTRUCTION-Home Building-compliance with applicable codes and standards including Building Code of Australia and Australian Standards-combustible architectural attachments to external walls of high rise building-breach of statutory warranty-materials good and suitable for purpose

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

COSTS – appeal from Consumer and Commercial Division – whether r 38 and r 38A Civil and Administrative Tribunal Rules 2014 apply – whether appropriate order is order for costs in the cause

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

Practice and procedure — Proceedings — Transfer of proceedings — Forum – application for summary dismissal or stay of proceedings – application for disclosure of details recorded on strata roll per Strata Schemes Management Act 2015 (NSW), ss 187, 188 and 232 – whether appropriate proceedings be transferred to NCAT – jurisdiction of Tribunal. LAND LAW — Strata title — Owners corporation —Strata roll – application for production from building manager of contact details of owners recorded on strat

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.

APPEAL – costs

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

Costs –special circumstances established

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

Building and Property

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.

COSTS – Existence of special circumstances

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

Strata Title- appeal from order of Tribunal making an award of damages under sec 106(5) of the Strata Schemes Management Act 2015- held Tribunal lacked jurisdiction and power to make an award of damages Strata Title – on appeal held Tribunal arguably may have power to make order for payment of compensation under section 232 of the Strata Schemes Management Act - Proceedings stood over with liberty to apply

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

JUDGMENTS AND ORDERS – exercise of liberty to apply to enforce earlier orders made giving effect to strata renewal plan – appointment of trustee to one lot where non-compliance by owner with requirement to execute contract of sale of lot – costs considered

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.

No. 2; Owners Corporations; Corrected

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