by Allison | Jan 13, 2025 | BCA Compliance, Building Defects, Case Review, Legal Alert, News & Publications, NSW, Recent News
On 11 December 2024, the High Court handed down its decision in Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49. By a majority of 4 to 3, the High Court held that the duty under section 37 of Part 4 of the Design and Building Practitioners Act...
by Allison | Mar 11, 2024 | Building Defects, Building Defects, Case Review, News & Publications, NSW, Recent News
A decision of the New South Wales Court of Appeal has yielded a favorable outcome for owners corporations and others wishing to (or being required to) pursue proceedings under the Design and Building Practitioners Act 2020 (NSW) (DBPA) for breach of the statutory duty...
by Chris | Jul 25, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to...
by Chris | Jul 25, 2022 | ACT, Building Defects, Building Defects, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent. The applicant claimed he locked his bike on the bike stand located on the common property because he was unable...
by Chris | Jul 25, 2022 | ACT, Case Review, News & Publications, Strata Disputes, Strata Disputes, Uncategorised, Uncategorized
The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables...
