Decisions table

BUILDING AND CONSTRUCTION - Referees' Reports - adoption - whether referee took correct approach in reaching his determination - whether to adopt referee's report with variations PROCEDURE - Interest - Pre

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

CTTT Appeal - denial of procedural fairness - insufficiency of evidence and reasons - exercise of discretion

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

PROCEDURE - application for dismissal of proceedings under UCPR, r 42.21(3) for failure to comply with an order for the payment of security as to costs - application to vary security for costs order - whether plaintiff can apply to pay security in instalments - whether sufficient evidence of intent to pay presented - whether sufficient evidence of ability to pay security presented - whether significant change of financial circumstances justifies plaintiff's application to vary orders

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.

CONTRACT - claim for damages by manager following termination of services agreement as caretaker of strata complex for retired and disabled residents - whether contract breached by manager in failing to live on the premises - whether notices of "serious breach" and termination effective - whether either party repudiated the contract - "business common sense"

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

DAMAGES - assessment of damages for defective building work - no question of principle.

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

REMEDIES - injunction - interlocutory injunction - serious question to be tried - balance of convenience - injunction granted upon conditions REAL PROPERTY - strata schemes - alleged invalidity of resolutions to amend by-laws

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

CASE MANAGEMENT - re-opening - after hearing - after reasons published - discretionary considerations CASE MANAGEMENT - finality of litigation - importance of - public interest REAL PROPERTY - strata titles - section 80D of the Strata Schemes Management Act 1996 (NSW) - purported ratification of legal proceedings commenced by owners corporation - principles - ratification after hearing

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

PROCEDURE - Subpoenas - Application to set aside - Waiver of legal professional privilege - Was privilege waived by failure of counsel to object to questions in cross-examination?

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

Ratification, Illegality, Section 80D of the Strata Schemes Management Act, 1996.

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

PROCEDURE - civil - when a court should exercise power to strike out a claim in a List Statement - when there is no reasonable cause of action - NEGLIGENCE - whether a contractor owes a non-delegable duty of care in respect of activities of a subcontractor - no duty owed where contractor engages a subcontractor to carry out a non-hazardous part of construction project

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

JUDGMENTS & ORDERS - Judgments - Summary

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.

Invalid resolution, resolution made in contravention of law

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

Debt, fraud on a minority, recovery action by Owners Corporation

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.

failure to maintain and repair common property - section 62 of the Act

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

STATUTORY CONSTRUCTION - Strata Schemes Management Act 2007 - validity of meeting - failure to give notice to lot owner - insufficient notice - strict compliance necessary - appeal dismissed

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

STRATA TITLES - appeal from Local Court - order made for unpaid levies "special levies" pursuant to s 76(4) of the Strata Schemes Management Act 1996 (SSM Act) - order made by Local Court for expenses incurred in recovering unpaid levies pursuant to s 80(1) of the SSM Act based on estimate of costs provided by owners corporation's solicitors GROUND 1 - the Local Court erred in upholding the levy under s 76(4) - special levy validly raised by owners corporation by reason that it was faced with ot

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

PRACTICE & PROCEDURE - application to amend Scott Schedule - whether statute barred

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

TORRENS SYSTEM - General matters - Application to Registrar-General to correct error in register - Review of Registrar-General's decision - Real Property Act 1900 (NSW), ss 12(1)(d), 122 WORDS AND PHRASES - "errors" - "in relation to"

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

STATUTORY CONSTRUCTION - Section 80D of the Strata Schemes Management Act 1996 (NSW) - meaning and effect - where proceedings commenced prior to resolution of the general meeting of owners corporation in contravention of s 80D(1) - whether statutory inhibition imposed by s 80D can be lifted by ex post facto resolution of the owners corporation at general meeting - whether resolution was passed within a reasonable time - HELD proceedings commenced without compliance with s 80D(1) are not a nullit

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

PROCEDURE - amendment of pleadings - whether proposed amendments disclose an arguable cause of action.

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

APPEAL - appeal from Local Court - Strata Schemes Management Act 1996 - whether Magistrate erred in finding that the special levy notices were served - whether the Magistrate erred in consideration of evidence

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

PROCEDURE - costs - security for costs - discretion whether to make an order for security for costs - impecuniosity of plaintiff allegedly a result of defendants' actions the subject of litigation - recoverability of receivables shown on plaintiff's balance sheet - lack of evidence by which to assess the strength of the plaintiff's case - costs of security for costs application - no evidence that ordering security would frustrate litigation - security ordered

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

JUDICIAL REVIEW - appeal from Local Court - evidence of plaintiff rejected -whether Magistrate erred in failing to expressly address plaintiff's honesty as a witness - adequacy of reasons - whether error of law established by failure to make a finding of fact - whether Magistrate applied the wrong test - whether Court has power to make primary findings of fact on a Local Court appeal where an error of law demonstrated.

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

PRACTICE & PROCEDURE - disclosure - application for disclosure - where owners strata plan was not in existence at time building contract was entered and relevant works completed - where owners strata plan was unable to identify relevant parties of the building contract and their roles - Practice Note Eq 11 - exceptional circumstances - meaning of exceptional circumstances - principles to be applied PRACTICE & PROCEDURE - application for leave to amend list statement - where application to amend

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

BUILDING AND CONSTRUCTION - builder's duty to subsequent owner - latent defects in common property - duty to owners' corporation of commercial premises STATUTORY INTERPRETATION - scope of duty of care under common law - responsibility of builder of commercial building - significance of statutory warranties with respect to residential building work TORTS - negligence - claim for pure economic loss - duty of care for latent defects in commercial premises - liability to owners' corporation with res

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

REAL PROPERTY - easements - implied - non-derogation from grant - first rule in Wheeldon v Burrows - requirement that quasi-easement be used by the grantor prior to grant - where surrounding circumstances indicate parties did not intend easement to pass REAL PROPERTY - statutory easements - Conveyancing Act 1919 s 88K - whether easement reasonably necessary for the effective use of the land - whether all reasonable attempts made to obtain easement - whether court should refuse to grant easement

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

CIVIL PROCEDURE - costs - follow the event and may be awarded for a discrete stage of ongoing proceedings STATUTORY CONSTRUCTION - Strata Schemes Management Act - Section 229 - meaning of 'brought by owners corporation against a lot owner' - not applicable on the particular facts

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

STRATA PLANS - duty of owners corporation to renew or replace mechanical exhaust ventilation system pursuant to Strata Schemes Management Act 1996, s 62(2) - whether duty extended to installing additional system to service plaintiff's lot - whether proprietary right of plaintiff in common property imposed such a duty - validity of special resolution pursuant to s 62(3) of the 1996 Act determining that it was inappropriate to renew or replace system - whether special resolution constituted a frau

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

APPEAL AND NEW TRIAL - where the Court of Appeal determines an appeal from a

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

PRACTICE AND PROCEDURE - amendments to defence and cross-claim - whether application to amend made too late and would cause undue prejudice

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

CONTRACTS — building, engineering and related contracts — Home Building Act 1989 — warranties implied by statute — whether owners corporation under strata scheme entitled to statutory warranties as against “developer” — liability of non-contracting owner to immediate successor in title — whether appellant was the party “on whose behalf” the “residential building work” was done and therefore a “developer” for the purposes of the Act.

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

DAMAGES - assessment of damages for defective building work - no question of principle.

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

APPEAL FROM LOCAL COURT - claim under contract for provision of building services to Owners Corporation - Magistrate found Secretary did not have the authority to contract - claims in contract and quantum meruit dismissed

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

PRACTICE AND PROCEDURE - application to have the Registrar's decision in relation to discovery set aside pursuant to rule 19 of part 49 of the Uniform Civil Procedure Rules 2005 (NSW)

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

STATUTORY CONSTRUCTION - Section 80D of the Strata Schemes Management Act 1996 (NSW) - meaning and effect STATUTORY CONSTRUCTION - Regulation 15 of the Strata Schemes Management Regulation 2005 (NSW) - meaning and effect STATUTORY CONSTRUCTION - effect of contravention - invalidity

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

PRACTICE AND PROCEDURE - legal professional privilege - where privilege asserted by owners corporation against lot owner - whether common or joint interest applies - where subpoenaed documents related to a proceeding that lot owner pursued solely for benefit of owners corporation and in which lot owner sought no relief against owners corporation - where owners corporation sought to dispute that claim by lot owner - where subpoenaed documents also related to other proceedings in which owners corp

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

PROCEDURE - amending judgments and orders.

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

ADMINISTRATIVE LAW - judicial review -error of law- appeal from Consumer, Trader and Tenancy Tribunal refusing to vary allocation of unit entitlements in strata scheme - whether tribunal wrongly substituted its own expert opinion or property values - alleged failure to give reasons - alleged apprehend bias - statutory construction of s 183(1) of the Strata Schemes Management Act 1996 -Tribunal failed to take into account the 'control issue'

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

COSTS - varying order - whether applicant should pay only one set of costs - where multiple respondents represented separately - where respondents' interests at odds in main proceedings - where costs order related to appeal on discrete question - where respondents' interests identical on discrete question - where applicant gave advance notice of objection to more than one set of costs - where objection not raised

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

COSTS - Whether to apportion costs

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

ADMINISTRATIVE LAW - Appeal from Consumer, Trader and Tenancy Tribunal - whether appealable questions have been raised - nature of the appeal as of right or by leave - Divs 1 and 2 of Pt 5 of Crimes (Appeal and Review) Act 2001 -

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

BUILDING AND CONSTRUCTION - Home Building Act 1989 - Statutory warranties

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

STRATA TITLES - appeal from Local Court question of law Local Court Act 2007 s 39 - proceedings by owners corporation in the Local Court against strata member for unpaid strata levies and recovery costs - whether owners corporation had complied with Strata Titles Management Act 1996 s 80D(1) by having a general meeting approve the taking of that legal action - whether the taking of that legal action is exempted from the operation of Strata Titles Management Act s 80D under Strata Titles Manageme

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

BUILDING AND CONSTRUCTION - Home Building Act 1989 - statutory warranties - whether owners corporation entitled to statutory warranties - liability of non-contracting owner to immediate successor in title - whether second defendant was the party "on whose behalf" the "residential building work" was done for the purposes of the Act

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

APPEAL FROM CONSUMER TRADER AND TENANCY TRIBUNAL - strata scheme by-law - keeping a dog - "hearing dog" - "used as a hearing dog" - public behaviour of dog - "assistance animal" - "taking of legal action" - "initiate legal action"

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

DAMAGES - claims under the Compensation to Relatives Act 1897 (NSW) - limit on the "claimant's" income to which a court may have regard when calculating future loss of economic support - whether limit applies to claims under the Compensation to Relatives Act - whether deceased person is a "claimant" - whether appropriate for court to insert words not used by the Parliament - Civil Liability Act 2002 (NSW), s 12 STATUTORY INTERPRETATION - principles - whether words may be read into a provision to

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

TORTS - duty of care - plaintiff became owner of apartment building on registration of strata plan-claim for economic loss against builder-strike out motion by cross defendant alleging no cause of action-held no cause of action applying

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