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When being unreasonable isn’t enough: NCAT’s discretion in the reallocation of unit entitlements

by Allison | Mar 26, 2015 | Case Review, NSW, Strata Disputes

Section 183(1) of the Strata Schemes Management Act 1996 (NSW) (the Act) confers a discretion on NSW Civil and Administrative Tribunal to reallocate unit entitlements when the original allocation is found to be unreasonable. The recent case of Rita Sahade v The Owners...

Can A Lot Owner Claim For Damages In Equity and Negiligence Arising From A Breach of s62 After Thoo & Brookfield?

by Allison | Mar 1, 2015 | NSW, Strata Disputes

Click here to read the article – Can A Lot Owner Claim For Damages In Equity and Negiligence Arising From A Breach of s62 After Thoo & Brookfield

Case Note: Can a lot owner claim for damages in equity & negligence arising from a breach of Section 62 after Thoo & Brookfield-Multiplex?

by Allison | Feb 18, 2015 | Case Review, Legal Alert, NSW, Recent News, Strata Disputes

Section 62 of the Strata Schemes Management Act 1996 (NSW) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages for a breach of section 62 was however limited by the...

Case note: Section 80D – Court of Appeal Win for Owners Corporations

by Allison | Dec 8, 2014 | Case Review, NSW, Strata Disputes

The NSW Court of Appeal has upheld a decision of the Supreme Court in favour of owners corporations. The case of 2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 is the latest win in a series of cases where the developers and builders have...

Responding with Lightning Fast Speed to LAAN notices from Telco companies

by Allison | Dec 1, 2014 | ACT, Legal Alert, NSW, Strata Disputes, Strata Disputes

There has been a recent spate of Land Access and Activity Notices (LAAN) being issued to owners corporations by telecommunications companies, requiring access to strata plans either to inspect the premises or to install telecommunications facilities and equipment,...
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Recent News & Publications

  • Case Note: Craven & Gilks v The Owners – Units Plan No 2839 (Appeal) [2023] ACAT 4
  • Case Note: Cheetham & Ors v The Owners – Units Plan No 503 & Ors (Unit Titles) [2019] ACAT 90
  • Case Note. Leonard & Anor v Michie & Ors (Unit Titles) [2019] ACAT 14
  • SMH Article: Barking dogs, prams and air-con: What Sydney’s apartment dwellers fight about
  • NSW Strata Reforms Taking Effect Soon

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