Decisions table

CONTEMPT – civil contempt – failure to comply with orders of the Court – alleged contemnor seeks permanent stay of contempt proceedings – tutor previously appointed for alleged contemnor – whether alleged contemnor fit to face charge of contempt – whether requirements of fitness to plead test in R v Presser [1958] VR 45 satisfied – contempt proceedings permanently stayed

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.

BUILDING AND CONSTRUCTION – claim for failure to perform work and defective work – withdrawal by defendant’s solicitor – defects in residential building work result of builder’s work – cost of rectification – cost of further home warranty insurance – no question of principle

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

STRATA-appeal from Adjudicator’s decision ;extent of common property; liability for repairs.

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

STRATA APPEAL – admission of new evidence – works to be undertaken by Owners Corporation, maintenance or new works – amendment of motions.

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

REAL PROPERTY – owners of one strata lot in tower complex install mirrored door on their common property in lobby – owners of another strata lot in same tower complex allege installation is in contravention of Strata Schemes (Freehold Development) Act 1973 (NSW) – construction of strata management statement – meaning of “Shared Facilities”

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 – offers of compromise – “walk away” offer made by defendants – offer not accepted by plaintiff – defendants obtain order no less favourable than terms of offer – whether offer triggers prima facie entitlement to indemnity costs – Uniform Civil Procedure Rules 2005 (NSW) r 42.15A

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.

Contract – strata management – payment of moneys contrary to instructions – measure of damages

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.

Owners Corporations

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

COSTS – Appeal on multiple issues – appellant succeeds on one issue – not a case for the allocation of costs between issues - Calderbank letter – in all circumstances reasonable for applicant not to accept

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

STRATA SCHEMES – Application for strike out – Whether Strata Schemes Management Act operates so that plaintiff has no remedy in common law nuisance

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

REAL PROPERTY – strata title – management and control – strata managing agent appointed to exercise all the functions of an owners corporation – whether strata managing agent owed duty of care to individual lot owners to exercise reasonable care so as to prevent economic or financial loss – whether strata managing agent negligent in carrying on functions of Owners Corporation – whether alleged negligence caused loss to plaintiff REAL PROPERTY – strata title – management and control – oppression

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

ADMINISTRATIVE LAW – judicial review of

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

COSTS of an appeal – special circumstances. No order even though special circumstances exist.

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

APPEAL – external appeal -

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

STRATA PLAN − Consent orders, orders on merits, costs if no order on merits, costs, special circumstances

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

COSTS – appeal – application for leave to appeal

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

INTEREST – assessment of interest up to

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

TORT – negligence – resident of strata title premises trips on mat placed on top of elevator floor carpet to protect it while another occupant moves into the building – duty of care – breach of duty – defendant’s code of conduct for safe removals not complied with – obvious risk – contributory negligence – assessment of damages for non-economic loss and home care for 88-year old plaintiff

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 – appeal from order of Adjudicator dismissing application for appointment of a strata managing agent – failure to comply with fire safety order – whether Owners Corporation in breach of duty – whether Owners Corporation functioning satisfactorily – appeal dismissed

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

REFEREES - nature of proceedings on challenge to Referee’s Report DAMAGES - where plaintiff relied upon expert’s advice in respect of the scope of works to rectify defects - where defendants had warned plaintiff that scope of works was exploratory, speculative and not urgent - where findings made that the work carried out was not urgent - where works found to be unnecessary and excessive - where Referee found that defendants not liable for such work - whether those aspects of Referee’s Report sh

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 – civil law – summons for summary dismissal of appeal – appeal from member of Civil and Administrative Tribunal – whether the appeal is competent – whether Division decision was internal or external appeal decision – Civil and Administrative Tribunal Act 2013 (NSW), s 83

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

COSTS: Conduct of appellant and its solicitor leading to adverse costs order; solicitor accepts she ought indemnify the appellant.

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

REAL PROPERTY – Strata title – Management and control – Whether meeting of Executive Committee invalid because of failure to give notice in compliance with Strata Schemes Management Act 1996 (NSW), Sch 3, cl 6 – Whether Executive Committee lacked authority to instruct counsel to enter into settlement agreement due to subject matter of agreement CONTRACTS – Principal and agent – Authority of agents – Whether counsel for Owners Corporation lacked authority to make settlement agreement on behalf of

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

COSTS: complex proceedings – no single clear “event” – principles to apply – apportionment – interest claimed – protections under the Strata Titles legislation.

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

APPEAL – standing to appeal – consent orders – no order relating to appellant – whether appeal should be accepted out of time

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

EQUITY – Adoption of referee report – Proposed modification – Whether referee erred in failing to take into account outstanding levies in determining reasonable Owners Corporation budget – Failure to draw referee’s attention to outstanding levies – Costs of proceedings

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

COSTS – where separate questions ordered – where number of questions reduced to a single question at hearing – whether successful parties should have their costs – whether successful parties’ costs should be reduced by reason of the reduction in the number of questions to be determined SEPARATE QUESTIONS – expectation that the Court will be cautious – need for precise formulation of questions and agreed facts – prospect that the Court may decline to answer questions if inappropriate to do so

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

COSTS – where proceedings commenced in CTTT and transferred to this Court and plaintiff obtains

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

PRACTICE – reference out by court of entire proceedings to referee – whether report should be adopted – earlier finding that referee correctly construed contract – consideration of remaining objections to adoption of report

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

COST ORDERS – third defendant sought indemnity from the first defendant owners corporation for her costs of the proceedings – first defendant was not initially capable of opposing plaintiffs’ application for leave to take proceedings in the name of the first defendant – court of its own motion joined the third defendant as a party to plaintiffs’ application – exceptional circumstances – principles of justice and fairness considered – court had already ordered the first defendant to indemnify the

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

APPEAL: power of Tribunal to set aside or vary orders dismissing proceedings. APPEAL: whether discretion to set aside or vary orders should be exercised.

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

[DEEDS] - where construction contract between two parties - where performance of one party to construction contract guaranteed by third party - where the three parties execute a Deed of variation and release at same time as settling proceedings between two of those parties to which the guarantor was not a party - construction of the Deed - meaning of the expression “the parties” - separate question as to whether guarantor released from obligation to guarantee certain obligations of the party not

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

CONTRACT – damages - Caretaker Agreement made under Strata Schemes Management Act 1996, Part 4A – caretaker appointed in 2004 to provide caretaking services to two strata schemes and one additional stratum lot of a commercial/residential building complex divided into three parts – the caretaker, the two owners corporations and the owner of the stratum lot are all parties to the Caretaker Agreement – one of the two owners corporations alleged breaches of the Caretaker Agreement and in July 2012 u

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

COSTS – no special circumstances

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- appropriate order in respect of proceedings at first instance

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.

Evidence – failure to consider, error of law Construction of Deed – relevance of surrounding circumstances Home Building Act 1989 – s 18D, prior enforcement Betterment – circumstances when allowance should be made, onus of proof Section 48MA – application to proceedings commenced prior to commencement of Home Building Amendment Act 2014

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

PRACTICE - reference by court - finding by referee as to the proper construction of operative agreement - whether referee erred in law; CONTRACTS - proper construction – settlement deed – contract to do residential building work – nature of builder’s obligation to effect rectification works - whether certifier empowered to alter manner in which rectification works be effected and designated standard be achieved

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.