Decisions table

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.

CIVIL PROCEDURE – registrars – review of registrar’s decision – court of appeal – no issue of principle

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

COSTS - do ordinary rules apply to costs of appeal when not applicable in primary proceedings - special circumstances - appeal against non-party costs orders

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

LAND LAW – easements – creation of easements – creation by prescription – long use of land from late 1880’s and from 1981 – whether doctrine of lost modern grant applies where identity of owners of land unknown from 1880s to 2008 – held that easement by prescription could still arise – use sufficiently open that a diligent owner would have been aware of it LAND LAW – easements – creation of easements – creation under statute – applications under s 88K Conveyancing Act 1919 (NSW) – easements for

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

Under external administration; Building and Property

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

By-law banning all animals

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

HOME BUILDING – Time to commence proceedings – consideration of interim and final occupation certificates – collateral review.

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

By-law – construction of by-law – consent to amend by-law – damages

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

CIVIL PROCEDURE – Personal injury claim – Negligence – Strata Scheme – Failure to take reasonable care – tree felling – procedures not followed for authorisation of work – duty of care – engagement of professional contractor

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 – long-standing defects and delays - functions of owners corporation – alleged breach of statutory obligation for maintenance and repair - recent compulsory appointment of strata manager by tribunal – commencement of work and planning for further work – discretion not to make orders

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

LAND LAW – strata title – common property – common property rights by-law – unreasonable refusal – objective test – reasons – subsequent evidence CONSTITUTIONAL LAW – Commonwealth Constitution – jurisdiction - whether an owners corporation is a “resident” for the purposes of s 75(iv) of the Constitution

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.

LAND LAW – strata title –strata renewal plan given effect

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

COSTS - Strata Schemes - withdrawal of application - special circumstances

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.

BUILDING AND CONSTRUCTION – residential building work – statutory warranties – remedial work to leaking façade – scope of work to be undertaken by the remedial builder – whether work done without due care and skill – whether any loss shown to have resulted from builder’s work

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

Strata management - compulsory strata manager - standing of lot owners to challenge by-law under SSMA s 150

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

Costs

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

Repeal of a by-law unreasonably refused – change of by-law conferring exclusive rights over common property for car parking.

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

STRATA SCHEMES MANAGEMENT – building new residential area in common property – whether authorised in accordance with s 65A of the Strata Management Act 1996 – whether discretionary refusal of relief argument available on appeal – point not run at first instance

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

APPEAL – home building – work orders for rectification of defects – costs decision – whether rejection of Calderbank offer unreasonable – whether error of law – whether leave should be granted

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

CONTRACT – building management agreement – whether and when agreement existed – terms of the agreement – incomplete or uncertain terms – statutory illegality – validity of contract under s67 of Strata Schemes Management Act 2015 (NSW) ESTOPPEL – conventional estoppel – reply to defence of statutory illegality – whether defendant estopped from denying it entered into a binding agreement. DAMAGES – claim for loss of profit – whether overhead expenses required to be taken into account proportionate

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

APPEAL – reallocation of strata unit entitlements – staged stepped analysis – failure to apply correctly

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

CIVIL PROCEDURE – discontinuance of proceedings – leave of court – terms on which proceedings discontinued – where plaintiff seeks leave to discontinue COSTS – party/party – general rule that costs follow the event – proceedings discontinued or dismissed –proceedings not commenced with authority of members of body corporate – recent resolution not to ratify commencement of proceedings – whether costs should be payable on indemnity basis – whether gross sum costs order should be made – whether or

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

COSTS – party/party – proper construction of Heads of Agreement concerning costs – whether agreement to share equally the costs of the referees was subject to agreement as how costs of the proceedings were to be resolved

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.

PRACTICE AND PROCEDURE – Leave to appeal – dismissal of application for summary dismissal – abuse of process – failure to enquire about the value of works for which a work order is sought under the Home Building Act prior to the commencement of proceedings.

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

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

STRATA SCHEMES---Application for special privileges by-law---Whether unreasonably refused

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.

CIVIL PROCEDURE — Cross-vesting — Transfer to Federal Court — Special federal matter – whether Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 6 required proceedings to be transferred to the Federal Court as a “special federal matter” – whether proceedings “in bankruptcy” under Bankruptcy Act, s 27 – distinction between exercising jurisdiction “in bankruptcy” and recognising the effect of provisions of the Bankruptcy Act – whether proceedings a “special federal matter” where trustee in

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

Anshun estoppel and abuse of process in Tribunal as full defence to a Strata and Community Schemes application

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

Strata management - by-laws and covenants - interpretation - maintenance and repairs

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; Costs

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

STRATA SCHEMES MANAGEMENT ACT - s153 – Smoking as a Hazard and Nuisance

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

COSTS – party/party – general rule that costs follow the event – building dispute – allegedly defective building work – whole dispute referred to referee – referee’s report adopted – agreement that defendants pay plaintiff’s costs unless defendants can show it was unreasonable for plaintiff not to allow defendants to effect repairs BUILDING AND CONSTRUCTION – costs – whether it was unreasonable for plaintiff not to allow defendant back in to effect repairs

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

LAND LAW – strata title – leasehold strata scheme – enforcement of statutory warranties – whether holder of a 99-year lease a “successor in title” under the Home Building Act 1989 (NSW)

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

CIVIL PROCEDURE – Pleadings – Striking Out – whether form and content of pleadings defective – embarrassing pleadings – insufficient or inadequate particulars – whether reasonable cause of action disclosed

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

Costs - Owners Corporations duty to maintain and repair common property, damages for breach of such duty, costs, informal offer, rejection of offer, conduct of proceedings, indemnity costs

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

ADMINISTRATIVE LAW – Judicial review – Construction of Home Building Act 1989 (NSW), s 48K – Jurisdiction of Civil and Administrative Tribunal of NSW – Whether the Tribunal had jurisdiction to deal with claim for an amount exceeding $500,000 – Whether the Appeal Panel fell into error in refusing the plaintiff's application to transfer proceedings to the Supreme Court – Refusal to conduct judicial review under s 34 of the Civil and Administrative Tribunal Act 2013 (NSW) PRACTICE AND PROCEDURE – C

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 – party/party – general rule that costs follow the event – where quantum determined by referee prior to hearing on liability – where plaintiffs unsuccessful at hearing on liability – whether successful defendants should pay plaintiffs’ costs of the reference – whether successful defendants’ costs should include costs of the reference COSTS – party/party – bases of quantification – indemnity basis – whether defendants entitled to indemnity costs by reason of offers of compromise COSTS – par

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

ACN 091 236 912; under external administration; Building and Property

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.

Building and Property

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

Strata – consent orders – jurisdictional error – denial of procedural fairness – right to inspect documents protected by legal professional privilege – extending time under section 41 of the Civil and Administrative Tribunal Act 2013

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

Whether the respondent has breached both By-laws 9 and 16 – whether the evidence is sufficient to disclose all breaches alleged or whether only some breaches have been made out – whether a penalty for a breach of each By-law should be imposed rather than a penalty for the particular actions which may constitute a breach of one or both By-laws.

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