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 | 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 11, 2021 | News & Publications, NSW, Recent News, Strata Disputes
This question was answered in The Owners – Strata Plan No 76317 v Ho [2020] NSWCATAP 205 which concerned an appeal from a decision made in the Tribunal where orders were made appointing a compulsory strata manager pursuant to s 237(1) of the Strata Schemes...
by Allison | Jan 11, 2021 | Building Defects, News & Publications, NSW, Strata Disputes
One of the issues that came before the Tribunal in the recent decision of Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 was whether the Tribunal had jurisdiction to determine an application which had been accepted by the Tribunal’s...
by Allison | Jan 11, 2021 | By-Laws, News & Publications, NSW, Strata Disputes
When is refusal to consent to an amendment of a by-law unreasonable? This was one of the issues raised in the recent case of Gelder v The Owners – Strata Plan No 38308 [2020] NSWCATAP 227 (05 November 2020). Ms Gelder refused to consent to the amendment of Special...