Decisions table

PROCEDURE - notices of motion - order seeking to restore Local Court as second defendant - no objection to order - notice of motion - application to dismiss summons - refused - security for costs sought refused

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

BUILDING AND CONSTRUCTION - adoption of referee's report - UCPR, r 20.24 - application of parties opposing adoption of referee's report on certain matters - whether third defendant developer a "developer" under Home Building Act 1989 (NSW), s 3A and thus liable to plaintiff owners corporation under s 18C for contractor's breach of s 18B implied warranties - whether claim brought under s 18C an apportionable claim - whether referee erred in selecting cheaper option for rectification of laundry wa

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

COSTS - damages claim against builder for rectification of defective works - proceedings settled prior to hearing - competing claims for costs - whether conduct of builder in failing to agree to owner's proposal for settlement was reasonable - whether settlement a compromise or capitulation by builder - whether costs orders should be made - turns on facts - no question of general principle

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

[PRACTICE AND PROCEDURE] - application to amend List Statement - whether there is utility in granting leave - whether the claim as amended is so untenable that it cannot be sustained

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

STRATA SCHEMES—penalty application; relevant issues on a strata penalty application

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

CORPORATIONS - commencement of proceedings by owners corporation without authority - effect of ratification by general meeting STATUTORY CONSTRUCTION - whether Strata Schemes Management Act 1996 (NSW), s 80D required obtaining approval for litigation

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

ADMINISTRATIVE LAW - judicial review - error of law - whether District Court erred as to scope of statutory obligations of owners' corporation to maintain and repair common property - appeal from

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

STRATA TITLE - owners corporation commenced proceedings without approval of general meeting - whether exemption applied - Strata Schemes Management Regulation 2010 (NSW) reg 15, construed - proceedings not approved by general meeting prior to hearing - effect of non-compliance with Strata Schemes Management Act 1996 (NSW), s 80D - proceedings dismissed PRACTICE - separate questions - answers to separate questions required dismissal of proceedings - motion filed to have regard to ratification aft

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

Jurisdiction

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

PROCEDURE - inferior courts - New South Wales - District Court - transfer of proceedings - equitable jurisdiction of District Court - whether claim for equitable compensation for breach of trust within s 134(1)(e) and thus excluded from s 134(1)(h) - held, it is REAL PROPERTY - strata title - management and control - duty of owners corporation to maintain common property - trustee obligations of owners corporation - whether claim for equitable compensation for failure to maintain common property

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

Consumer claim, cause of action, limitation period

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

COSTS - successful plaintiffs seeking costs against a submitting defendant - whether conduct of submitting defendant made it necessary for plaintiffs to seek relief and incur costs

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

REAL PROPERTY - strata schemes - whether orders of NSW Civil and Administrative Tribunal appointing strata managing agents displaced power of executive committee to appoint solicitor to act for Owners Corporation; PRACTICE AND PROCEDURE - setting aside of orders - whether serious question to be tried that orders obtained against good faith or in absence of party

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

Unreasonable unit entitlement allocation S183 Strata Schemes Management Act, 1996

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

CIVIL LAW - strata plan - dispute between owner of penthouse and owners corporation - construction of by-law under strata plan - whether by-law provided for exclusive use and enjoyment of elevator - whether elevator exclusively serviced a particular unit - whether tribunal erred in using extrinsic material to construe the by-law - whether tribunal erred in its use of technical specifications as to the programming of lift - relevance of the history of use of lift by occupants of building - whethe

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

Home building-“developer”-“immediate successor in title

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

PRACTICE AND PROCEDURE - adoption of referee's report - whether referee erred in finding proceedings statute barred - whether the "appeal" referred to in s 48A of the Home Building Act 1989 creates a separate cause of action - whether referee denied plaintiff procedural fairness - whether referee failed to give reasons for conclusions on quantum

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

TORT - defamation - litigant in person brings proceedings against six defendants for an unspecified number of publications over a six-month period for which one set of imputations is pleaded - four successive statements of claim provided during application to strike out pleadings - whether proceedings should be summarily dismissed on the basis that publication had not been established - whether failure to plead the contents of the matters complained of (and which defendant) resulted in the proce

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

Home Building Act warranties; application out of time; completion of building works; extension of time to file application to set aside an order of the Tribunal.

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

Application for reinstatement – S 55(2)

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

Appeal against Adjudicator’s order – appeal filed out of time – extension of time to file appeal

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

Insurance Contract, appeal from

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

COSTS - exceptions to the general rule that costs follow event - partial success - apportionment - costs of two notices of motion that related to previous costs orders - no leave granted to re-open issues dealt with in previous judgments

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

STRATA SCHEMES - by-laws - by-law conferring exclusive use of common property in favour of entity who is not a lot owner - whether by-law may be made pursuant to general power of the body corporate to manage the common property - Strata Titles Act 1973 (NSW) s 58 - Strata Schemes Management Act 1996 (NSW) s 47 RETIREMENT VILLAGES - whether lot in a strata scheme used as a retirement village - no contractual relationship between owner of lot and operator of retirement village - Retirement Village

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

Home Building Act , statutory warranties - foundation movement, Australian Standard AS 2870 - crack width categories - concrete pier footing - strip beam footing - skin friction - structural stabilisation - underpinning.

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

TORT - plaintiff injured stepping into a gap in a moving grate on the defendant's premises - breach of duty of care admitted - compensable extent of plaintiff's injuries and disabilities in light of pre-accident history - limited current medical evidence - assessment of claimed heads of damage

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

APPEAL - application for leave - failure to give adequate reasons - error of law accepted, but relief refused - decision supported by unchallenged evidence - no adequate basis to doubt correctness of

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

Re-allocation of unit entitlement

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

BUILDING AND CONSTRUCTION - breach of statutory warranties in the Home Building Act 1989 (NSW), s 18B - reasonableness of owner's conduct after breach by builder - duty to mitigate - where builder refused to rectify defects - where owner lost confidence in builder - whether owner reasonable in rejecting later offer by builder to rectify defects - availability of damages for cost of rectification work

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

PRACTICE AND PROCEDURE - costs - application for personal costs order against solicitor - whether sufficient basis to make order where solicitor had advised making of application that had no reasonable prospects of success - application refused STRATA SCHEMES - proceedings between owners corporation and lot owners - application for personal costs order against compulsory strata managing agent for costs incurred and payable by owners corporation in connection with unsuccessful application and def

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

ADMINISTRATIVE LAW - judicial review - error of law - tribunal declined to reallocate unit entitlements in strata scheme - appeal to District Court - remittal to tribunal ordered on the basis that there was a failure to give reasons - whether an error of law disclosed in requiring the issue of control of strata scheme management to be considered on remittal REAL PROPERTY - strata titles - management and control - allocation of unit entitlements - power to reallocate units entitlements if origina

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

PROCEDURE - application for summary dismissal of plaintiffs' claim under Uniform Civil Procedure Rules 2005 (NSW) r 13.4 - whether proceedings are frivolous or vexatious in nature - where plaintiffs do not have a caveatable interest in relevant land - whether plaintiffs have standing to seek relief under Supreme Court Act 1970 (NSW) ss 65, 66 - whether summons is an abuse of process. REAL PROPERTY - Torrens title - caveats against primary applications - whether lodgement of caveat either express

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

PRACTICE AND PROCEDURE - Determination of separate questions - Whether a determination of the proposed set of questions will facilitate the just, quick and cheap resolution of the proceedings - Compensation to Relatives Action - Assessment of damages detailed and complex - - Promotion of settlement unlikely - Costs of separate question significant - No reason to displace usual course - No point of general principle

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

Costs where proceedings settled without a hearing; Part heard proceedings

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

PROCEDURE - civil - UCPR r 12.6 - whether consent or leave required to withdraw admission - whether subsequently filed list response impliedly withdraws admission made in original list response - where plaintiff "on notice"

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

PROCEDURE - costs - departing from the general rule - general discretion as to costs - whether the court should "order otherwise" as to costs where plaintiff unsuccessful on several claims - application of Uniform Civil Procedure Rules 2005 (NSW) r 42.14 PROCEDURE - costs - costs of mediation - where mediation undertaken at consent direction of the Court - whether costs of mediation are costs in the proceedings PROCEDURE - costs - departing from the general rule - offers of compromise and Calder

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

COSTS - whether costs should depart from the general rule costs as agreed or assessed - defendants treated as one defendant - Suitors' Fund Act 1951 - certificate granted

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.

Exclusive use by-law

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

REAL PROPERTY - strata titles - by-laws - unauthorised works - whether owners corporation or lot owner should remove unauthorised works

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

COSTS - management agreement containing alternate dispute resolution clause entered into by plaintiff and defendant - defendant terminates contract and refuses to participate in alternate dispute resolution process - plaintiff commences proceedings seeking damages and orders in relation to failure to participate in alternate dispute resolution - plaintiff unsuccessful at trial - whether defendant entitled to costs despite refusing to participate in alternate dispute resolution process - whether

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

Error arising from an accidental slip or omission

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

Not functioning satisfactorily

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

Limitation period

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

Transitional provisions

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.

Costs

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

ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - transitional provisions - whether Appeal Panel has jurisdiction WORDS & PHRASES - "part heard proceedings" - Civil and Administrative Tribunal Act 2013 (NSW), Schedule 1, Division 3, cl 6(1)

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, s 48K - jurisdiction of Consumer, Trader and Tenancy Tribunal - whether plaintiff was denied procedural fairness - whether Tribunal had jurisdiction to deal with claim for an amount exceeding $500,000 - whether Tribunal fell into jurisdictional error in dismissing proceedings without considering challenge to its jurisdiction or the plaintiff's application for transfer of proceedings to Supreme Court - jurisdictional e

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

Costs; Unheard proceedings

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