by Allison | Mar 26, 2015 | Case Review, NSW, Strata Disputes
Section 183(1) of the Strata Schemes Management Act 1996 (NSW) (the Act) confers a discretion on NSW Civil and Administrative Tribunal to reallocate unit entitlements when the original allocation is found to be unreasonable. The recent case of Rita Sahade v The Owners...
by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes
Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...
by Chris | Jan 29, 2015 | ACT, BCA Compliance, BCA Compliance, Case Review, NSW, Recent News
Background 1. On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which curtails the rights of apartment owners to sue builders in negligence. 2. The case involved a...
by Allison | Dec 8, 2014 | Case Review, NSW, Strata Disputes
The NSW Court of Appeal has upheld a decision of the Supreme Court in favour of owners corporations. The case of 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 is the latest win in a series of cases where the developers and builders have...
by Allison | Oct 26, 2014 | ACT, Case Review, NSW, Strata Disputes, Strata Disputes
It is no secret that the Australian Privacy Principles (APP), found in Schedule 1 of the Privacy Act 1988 (Cth), impose restrictions on organisations and individuals, like strata managers, in relation to the collection, use and disclosure of personal information. In...
by Allison | Oct 13, 2014 | ACT, Case Review, Strata Disputes
For most of us our homes are our castles. Given the emotional and financial stresses associated with them it is understandable that when there is a problem such as water penetration, a unit owner wants someone else to be responsible for any financial loss caused. In a...
