by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard. In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, among other orders, an urgent order to stay the removal of a eucalyptus tree and required remedial measures be taken to retain the tree. The executive committee had authorised the removal of the tree (i.e. the facts are the reverse of those in the...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best...
by Chris | Jul 11, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health. On 22 January 2016,...
by Allison | Jun 21, 2022 | ACT, Case Review, News & Publications, Rules, Strata Disputes
The issue in this case was whether reduced quorum decisions made at an annual general meeting held on 16 December 2021 took effect where the owners corporation gave notice of the reduced quorum decisions to unit owners on 4 January 2022, that is, more than seven...
by Chris | Jun 3, 2022 | ACT, By-Laws, Case Review, News & Publications, Rules, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
It should be noted that the relevant legislation in place at the time of this judgement is identical to the current sections 136 – 140 of the UTMA except that ACAT has replaced the ACT Magistrates Court as the relevant governing body. Italian & Continental Bakery...
