Case Note: Brudenall & Anor v The Owners – Units Plan No 202 (Appeal) [2019] ACAT 96

The applicant appealed against the decision in Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113, alleging 10 errors of fact and law. The Appeal Tribunal accepted that the Original Tribunal erred in fact by stating that the word...

Case Note: Brudenall v The Owners Corporation of Units Plan No 202 (Unit Titles) [2018] ACAT 113

This case followed Brudenall & Ors v Owners Corporation Units Plan No. 202 (Unit Titles) [2016] ACAT 101. By late 2016 the Owners Corporation was intent on undertaking roof repairs on all the class A and class B properties. At the general meeting of 15 November...

The Owners – Units Plan No 202 v Brudenall & Ors (Unit Titles) [2015] ACAT 64

Units Plan No 202 contained both class A units and class B units. This case centred around a long-standing and important legislated distinction in the maintenance obligations of the owners of these units. Namely, that the owners of class A units are not responsible...

Does a Common Property Memorandum or Exclusive Use By-Law Absolve the Owners Corporation of its Duties Under Section 106 of the Strata Schemes Management Act 2015?

This was considered by the Appeal Panel in the recent case of Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188. Background In this case, Ms Mastellone appealed one of the orders made by the Tribunal dismissing her claim for painting the ceilings in the...