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...

Case Note: Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113

This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...

Case Note: Rampala v The Owners – Units Plan 1330 (Unit Titles) [2018] ACAT 35

The applicant was one of the two registered owners of unit 1 in a unit titled complex owned by the respondent corporation. The applicant sought a merits review under section 129(1)(f) of the UTMA of two resolutions (motions 2 and 7) passed at its 2017 AGM. Motion 7...

The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64

Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...