by Allison | Mar 10, 2021 | Fact Sheets, NSW, Strata Disputes
The general common law rule in respect of costs in litigation is that costs follow the event. This means that the unsuccessful party generally pays at least part of the costs of the successful party. The general rule does not apply in the NSW Civil and Administrative...
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 | Mar 10, 2021 | Legal Alert, News & Publications, NSW, Recent News, Strata Disputes
In some situations non-disclosure affects insurance coverage and an insurer may refuse a claim. Failure to disclose to an insurer was one of the key issues in The Owners – Strata Plan No 55682 v W. R. Berkley Insurance (Europe), PLC & Ors [2020] NSWDC 758. In...
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...
by Allison | Jan 22, 2021 | Factsheets, News & Publications, NSW, Rules, Strata Disputes
It is common knowledge that an owners corporation is responsible for the common property in its strata scheme. However, when an owners corporation resolved to replace, rather than repair, the common property roof of one of its buildings the question of the roof ended...
by Allison | Jan 14, 2021 | Building Defects, Fact Sheets, News & Publications, NSW, Strata Disputes
Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect. What is a Scott Schedule? A Scott Schedule is a document that...
