The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115; The Owners – Units Plan No 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCAFC 227

These cases involved a large residential apartment complex in Bruce called Elara Apartments which suffered from significant building defects. Elara Apartments was constructed by B & T Constructions (ACT) Pty Ltd (the Builder). Initially the owners corporation...

Davies & Anor v Capital Homes Pty Ltd (Civil Dispute) [2017] ACAT 111

Benjamin John Davies and Prue Davies (the applicants) signed an ACT Home Building Contract on 2 March 2014 with Capital Homes Pty Ltd (the respondent) to build a home at Coombs, ACT. On 7 March 2015, the applicants notified the respondent of defects in an area...

Smith v Owners Corporation – Unit Plan 3115 (Unit Titles) [2021] ACAT 28

The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent. The applicant claimed he locked his bike on the bike stand located on the common property because he was unable...

Nasser v The Owners – Units Plan No 3063 XD 794 of 2014 [Unreported ACAT decision – 17 September 2014]

The apartment building contained building defects. The applicant was the owner of a unit in that building (the Unit). As part of the process of identifying the defects, investigating the cause and engaging in a collaborative repair process with the original builder,...

Case Note: Brudenall & Anor v The Owners – Units Plan No 202 (Appeal) [2019] ACAT 96

The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...