by Allison | Mar 10, 2021 | Fact Sheets, NSW, Strata Disputes
The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...
by Allison | Mar 10, 2021 | Case Review, Legal Alert, News & Publications, NSW, Rules
This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...
by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes
This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...
by Allison | Mar 10, 2021 | Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In some situations non-disclosure affects insurance coverage and an insurer may refuse a claim. Failure to disclose to an insurer was one of the key issues in The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors [2020] NSWDC 758. In...
by Allison | Feb 10, 2021 | BCA Compliance, Building Defects, Legal Alert, News & Publications, NSW, Recent News
This was one of the issues before the Court in the recent case of Dyldam Developments Pty Ltd v The Owners – Strata Plan 85305 [2020] NSWCA 327. Completion of building work occurs on the date of issue of an occupation certificate that authorises the occupation and use...
