by Allison | Apr 17, 2024 | Case Review, News & Publications, NSW, Recent News, Strata Disputes
This question was inadvertently raised, and answered in the recent case of Gill v The Owners – Strata Plan No. 17913 [2024] NSWCATAP 37. The decision also provided some guidance on applications to remove a strata committee member. In the case, Ms Gill, seemingly...
by Chris | Mar 15, 2024 | ACT, Case Review
The decision of DT 152023 v AB & ANOR (Discrimination) [2023] ACAT 82 provides some guidance for strata managers on what constitutes unlawful discrimination in the context of apartment living. Please click here to access a summary of the decision. This is...
by Allison | Mar 11, 2024 | Building Defects, Building Defects, Case Review, News & Publications, NSW, Recent News
A decision of the New South Wales Court of Appeal has yielded a favorable outcome for owners corporations and others wishing to (or being required to) pursue proceedings under the Design and Building Practitioners Act 2020 (NSW) (DBPA) for breach of the statutory duty...
by Allison | Dec 11, 2023 | Building Defects, Case Review, News & Publications, NSW, Recent News, Rules, Strata Disputes
On 24 November 2023, Her Honour Justice Peden gave judgement in The Owners – Strata Plan No 80877 v Lannock Capital 2 Pty Ltd [2023] NSWSC 1401 in the ongoing saga that is well known as Mascot Towers. The background facts are well known from extensive media coverage....
by Allison | Oct 9, 2023 | Building Defects, Case Review, News & Publications, Recent News, Uncategorised
On 26 May 2023, the NSW Court of Appeal handed down its decision in The Owners – Strata Plan No 92450 v JKN Para 1 Pty Limited [2023] NSWCA 114. The decision involved a claim made by the owners corporation of ‘Parramatta Rise’, a 28-storey mixed use tower in...
by Allison | Sep 12, 2023 | Case Review, News & Publications, NSW, Strata Disputes
According to the case of Warren v The Owners – Strata Plan No. 61618, it certainly is. In this case, the applicant sought orders that: all resolutions passed at the AGM be set aside pursuant to s.24 or s.232 of the Strata Schemes Management Act 2015 (“SSMA”) due to...
