Decisions table

Breach of statutory duty to maintain and repair common property, causation, jurisdiction of Tribunal to award damages.

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.

Owners Corporations

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

Costs; Owners Corporations

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

STATUTORY CONSTRUCTION – enforcement proceedings concerning an order of a Strata Schemes Adjudicator after repeal of the Strata Schemes Management Act 1996 (NSW) – effect of transitional provisions of Strata Schemes Management Act 2015 (NSW) and Interpretation Act 1987 (NSW) – right to bring enforcement proceedings, as if the Strata Schemes Management Act 1996 (NSW) had not been repealed, preserved under Sch 3 Cl 7 of Strata Schemes Management Act 2015 and s 30 of the Interpretation Act WORDS AN

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

REAL PROPERTY — Strata title — General matters — whether Ch 5 of the Strata Schemes Management Act 1996 (NSW) has the effect of excluding a claim for common law damages — construction of s 226 of the Strata Schemes Management Act 1996 (NSW) — whether appellant has a right or remedy arising “apart from this Act” — whether appellant’s right to sue at common law is preserved by s 226

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

Strata Schemes Management Act- commencement of proceedings on behalf of Owners Corporation; rule in Foss v Harbottle Application by interested person- scope of s 226(1)(b) of the Strata Schemes Management Act 2015 (NSW);

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

Strata Schemes---Appeal from Adjudicator---Definition of ‘Lot’---Definition of ‘common property’---Whether dropped ceiling formed part of the Lot or part of the common property

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

CONTRACT – STRATA SCHEMES – strata management statement – construction of clauses within statement – whether failure to pay in accordance with statement gives rise to cause of action – BREACH – whether statement breached by failure to pay in accordance with “payment notice” – whether auditor validly appointed WORDS AND PHRASES – meaning of “duly audited” – “reasonable details” – purpose of having “duly audited payment notice” JURISDICTION – whether District Court of NSW has jurisdiction to deter

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

COSTS – indemnity costs – offer of compromise – whether plaintiff obtained a result no less favourable than offer – whether component of agreed verdict should be seen as damages in the nature of interest – whether court should otherwise order for purpose of UCPR r 42.14

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

Jurisdiction of Tribunal to award damages for breach of statutory duty, strictness of duty to repair and maintain, exculpations from duty to repair and maintain, burden of proof, definitions of lot property/common property

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

Jurisdiction of Tribunal to award damages for breach of statutory duty, strictness of duty to repair and maintain, exculpations from duty to repair and maintain, burden of proof, definitions of lot property/common property

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

BUILDING AND CONSTRUCTION – whether quantification of defect rectification costs reasonable – whether plaintiff entitled to pre-

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

No premium retirement village – Usual rights and obligations between a landlord and tenant apply – Village banned tenant’s daughter from visiting – Effect of ban – Interfering with tenant’s right to quiet enjoyment Residential tenancy – Domestic services agreement – Collateral agreement for the purposes of the Act – Village amended meal service agreement without tenant’s agreement – No provision in agreement to make amendments – Amendment ineffectual

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

CIVIL PROCEDURE — Admissions — Withdrawal – Civil Procedure Act NSW (2005) ss 56, 58, 64 — where no evidence to explain why admissions were made — where applicant will suffer prejudice if the application is refused and respondent with suffer prejudice if the application is granted

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 and Administrative Tribunal (NSW) – strata schemes – special by‑law – interpretation of special by‑law – application of special by‑law to lift maintenance agreement – jurisdiction of Tribunal

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

Indemnity costs – whether the applicant had prospects of success at the relevant time

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

Setting aside consent order – interlocutory application

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.

NEGLIGENCE - public liability – owners’ corporation – whether electrical system properly maintained – system of inspection and repair – whether reasonable PROOF – balance of probabilities – inferences – whether reasonable and definite ONUS – whether discharged on the evidence CONTRIBUTORY NEGLIGENCE DAMAGES – whether claim for gratuitous domestic assistance satisfies threshold

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

PUBLIC ROAD – dedication at common law – unmade road – land described as road in subdivision created

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

COSTS: Application dismissed - Jurisdictional issue – Application by respondent for costs

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

APPEAL – leave to appeal – litigant in person – allegations of negligence, oppression and fraud on minority concerning conduct and management of strata scheme by Owners Corporation rejected on bases including failure to prove loss/detriment– where applicant sought to refer to expert evidence not used at trial – no evidence why not available at trial – whether leave to appeal should be granted PRACTICE AND PROCEDURE – procedural fairness – where primary judge refused numerous adjournment applicat

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

SENTENCING – civil contempt – disobeying orders of the Court – no evidence of wilful and obstinate disobedience – applicability of Crimes (Sentencing Procedure) Act 1999 – relevant considerations to be taken into account by Court

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

Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot.

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

Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot.

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

Appeal – Strata application – applicant did not formulate claim – Tribunal unable to deal with claim because of lack of evidence – leave to appeal declined, appeal dismissed.

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

ADMINISTRATIVE LAW – application for judicial review – where alternative available remedy to judicial review - errors of law – injustice to the plaintiff that is more than arguable – where Strata Schemes Management Act 1996 considered – where appeal allowed

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

PROCEDURE – uniform civil procedure – amendment application – where proceeding transferred from District Court to Supreme Court – where by filing of Technology and Construction List Statement application made to amend pleading to add additional claim – whether sufficient prejudice to refuse amendment from loss of viable and realistic cross-claims against third parties – whether basis for imposing monetary limits on existing pleaded claims – no question of principle

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

COSTS – application for security for costs – principles– statutory provision -- security for costs sought from an Owners Corporation – strata scheme - threshold question – whether there is reason to believe the plaintiff will be unable to pay the costs of the defendant if ordered to do so – net negative asset position – no real property – limited cash resources – levy history and performance – reasonable time to pay – discretionary factors – prospects for success – impecuniosity – risks – contri

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

CIVIL PROCEDURE – order for summary dismissal – alternative order that statement of claim be struck out CIVIL PROCEDURE – summary dismissal – proceedings are vexatious or oppressive – no reasonable cause of action is disclosed – claim for malicious prosecution disclosed no reasonable cause of action – claim of abuse of process vexatious and oppressive

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

AGENCY – whether party entered into contract as agent – whether party acting as undisclosed principal. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – whether owners corporation entitled to statutory warranties – whether loss and damage claimed in respect of defects resulted from breaches of statutory warranties. BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW)– whether defendants were “developers” within the meaning of s 3A – whether defendants were per

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

PRACTICE AND PROCEDURE – transfer of proceedings – whether proceedings should be transferred to NSW Civil and Administrative Tribunal – dispute concerning rights and obligations under strata titles legislation – jurisdiction of Tribunal to determine dispute – more appropriate forum – where perceived advantage in pursuing claims in the Court no longer exists – proceedings transferred

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.

Strata Scheme enforcement of By-law – appointment of a managing agent.

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

Strata Schemes Management Act- Section 183- application to reallocate units, requirement for valuation, date of valuation and certificate, date of registration of strata plan, relevance of plan of consolidation in determining date for valuation, initial unit allocation unreasonable. Procedural fairness- cross-examination of expert where no opposing expert evidence, permissibility, opportunity to make submissions re answers given. Leave to appeal- Evaluation of evidence, finding available

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

PRACTICE AND PROCEDURE – proceedings transferred to Supreme Court pursuant to s 144(2) of the Civil Procedure Act 2005 (NSW) – where District Court had a doubt as to its jurisdiction to grant certain equitable relief – whether to remit matter to District Court

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

PRACTICE AND PROCEDURE - application for stay of orders of single Judge pending appeal - Judge refused Applicant leave to file amended pleading and made associated orders - Applicant has filed Notice of Intention to Appeal only - no grounds of appeal identified - stay refused

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

APPEAL – Civil and Administrative Tribunal – inadequate specification of questions of law – appeal dismissed NEGLIGENCE – Owners Corporation – no duty of care HOME BUILDING ACT 1989 – S 3B – proper construction – date of completion LEAVE TO APPEAL – no substantial miscarriage of justice – application for leave dismissed

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

STATUTORY CONSTRUCTION – whether appeal rights abolished or affected by repeal of the statute creating those rights – effect of transitional provisions of Strata Schemes Management Act 2015 (NSW) on appeal rights under s 177 of Strata Schemes Management Act 1996 (NSW) – Sch 3 Cl 7 operates to preserve appeal right under s 177 APPEAL RIGHTS – whether appeal rights accrue when proceedings are commenced or when an order is made – appeal rights “inhere” from commencement of proceedings WORDS AND PHR

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

HOME BUILDING: Breach of statutory warranties – whether claim lodged within time – practical completion – issue of occupation certificate – estoppel – additional cause of action in contract

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

Work on common property, special resolution

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

DISTRICT COURT – jurisdiction in equity proceedings – whether District Court empowered to determine equitable claim or demand for recovery of money or damages – whether District Court must transfer proceedings to the Supreme Court – pending Court of Appeal decision

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.

PRACTICE AND PROCEDURE – application for leave to join plaintiff’s husband as second plaintiff – where reason for addition of second plaintiff said to be largely practical – proposed second plaintiff has no cause of action in tort – leave refused PRACTICE AND PROCEDURE – application for leave to file amended statement of claim – where Registrar granted leave to amend extant statement claim on a limited basis – amended statement of claim subsequently filed exceeded limitations of that grant of le

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

COSTS – where Owners Corporation filed summons seeking judicial review of orders made by NCAT member – where parties agreed as to appropriate orders prior to hearing – whether offer made by Owners Corporation to settle proceedings was “mixed”, such that r 42.13A of the UCPR does not apply – finding that the offer was a mixed offer – exercise of general discretion – appropriate that each party bear its own costs

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