by Chris | Jul 1, 2021 | ACT, Case Review, News & Publications, Strata Disputes
The applicant was the owner and occupier of unit 3 in Units Plan 2292. In May 2013, the applicant notified the owners corporation of water ingress into the unit from the balcony, which was caused by inadequate waterproofing in the external wall (which formed common...
by Chris | Jul 1, 2021 | ACT, Case Review, News & Publications, Strata Disputes
The applicant is the owner of a unit in Units Plan 10. In August 2014, the property manager of the applicant notified the respondent of a leak outside the kitchen of the applicant’s unit. The respondent then engaged plumbers to investigate the problem to remedy it and...
by Allison | Mar 10, 2021 | Case Review, Legal Alert, News & Publications, NSW, Rules
This was one of the questions before the Appeal Panel in the case of YBOS Pty Ltd t/as BIG4 Tweed Billabong Holiday Park v Creek [2020] NSWCATAP 284. The case related to a dispute concerning a community rule which provided an age restriction as follows: “The age...
by Allison | Mar 10, 2021 | By-Laws, Case Review, News & Publications, NSW, Recent News, Strata Disputes
This was one of the issues before the Appeal Panel in the recent case of Macey’s Group Pty Ltd v Owners – Strata Plan No 33591 [2021] NSWCATAP 7. The case concerned an appeal against orders made by the Tribunal under section 149 of the Strata Schemes Management Act...
by Allison | Jan 22, 2021 | Case Review, Fact Sheets, Factsheets, Legal Alert, News & Publications, NSW, Rules, Strata Disputes
Picture this: Building works in a development project led to movements of the foundation below an adjoining strata scheme causing extensive damage to an apartment building on that land. The building works involved extensive excavations, a retaining and a shoring wall...
