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 Allison | Feb 18, 2015 | ACT, Legal Alert, Levies, Levies, NSW, Recent News
Once judgment is obtained against a debtor lot owner, there are various enforcement options that may be canvassed by the owners corporation. If the judgment debt (which includes interest and legal costs) is $5,000 or more, one of the enforcement options open to owners...
by Chris | Feb 4, 2015 | ACT, Building Defects, Building Defects, NSW
Click here to read the article – Scaremongering on Apartment Defects Irresponsible
by Chris | Feb 2, 2015 | ACT, Building Defects, Building Defects, Legal Alert, NSW, Recent News
Chris Kerin appeared on ABC News on 2 February 2015 in relation to builders who go broke in Queensland and how they impact on owners corporations suffering from building defects.
by Chris | Feb 2, 2015 | ACT, Building Defects, Building Defects, NSW
Click here to read the article – Gold Coast Apartment Owners Fear $2m Bill to Fix Dodgy Building Work
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 Chris | Jan 8, 2015 | Building Defects, Legal Alert, NSW
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 has serious implications for apartment owners. The case involved a long-running dispute between the appellant...
by beyondsquare | Jan 1, 2015 | ACT, Building Defects, Building Defects, NSW
Commonly owners corporations completing rectification or maintenance work will engage builders without giving proper consideration as to the contract which should be used for that work. Not all contracts are equal and strata managers should be aware that the contract...
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 Chris | Dec 1, 2014 | ACT, Building Defects
Click here to read the article – The High Court Decides: When Does a Builder Owe a Subsequent Owner a Duty of Care?
