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Unreasonable Refusal to Make a By-Law – What Can a Lot Owner Do?
Introduction With the increasing number of people living in strata schemes, many owners are trying to find ways to add more value to their unit, townhouse or villa by way of renovations and/or obtaining exclusive use rights over valuable areas of common property...
read moreRestraining Strata Lawyers from Representing Clients in NCAT Proceedings
Introduction In this article I propose to address the not uncommon situation of where a party to legal proceedings in the NSW Civil and Administrative Tribunal objects to another party being legally represented by a particular lawyer or a particular law firm on the...
read moreThe Owners Strata Plan No 30521 v Shum [2018] NSWCATAP 15: NCAT Appeal Panel Reduces Damages Claim for Breach of Section 106 of the Strata Schemes Management Act 2015
On 8 January 2018, the NSW Civil and Administrative Tribunal's Appeal Panel handed down the long awaited decision in The Owners Strata Plan No 30521 v Shum [2018] NSWCATAP 15. The Tribunal Proceedings before the Appeal By way of background, in the original Tribunal...
read moreWhat are Common Property Rights By-laws?
What are Common Property Rights By-laws? A Common Property Rights By-law is one which confers on the owner or owners of a specified lot or lots in the strata scheme: a right of exclusive use and enjoyment of the whole or any specified part of the common property; or...
read moreMcElwaine v The Owners – Strata Plan No. 75975 [2017] NSWCA 2 (20 September 2017)
Lot Owner's Claim in Nuisance against Owners Corporation The NSW Court of Appeal in McElwaine v The Owners – Strata Plan No. 75975 [2017] NSWCA 2 (20 September 2017) has held that a lot owner has the right to claim damages against an owners corporation in nuisance. ...
read moreShum v Owners Corporation SP30621 [2017] NSWCATCD 68 (30 August 2017)
Tribunal Awards Lot Owner Damages for Breach of Owners Corporation's Duty to Maintain and Repair Common Property under Section 106 of the Strata Schemes Management Act 2015. The Applicant, the owner of a lot in a strata scheme, sought substantive orders pursuant to...
read moreRosenthal v The Owners – SP 20211 [2017] NSWCATCD 80 (29 August 2017)
Tribunal Awards Lot Owner Damages for Breach of Owners Corporation's Duty to Maintain and Repair Common Property under Section 106 of the Strata Schemes Management Act 2015 In this case the NSW Civil and Administrative Tribunal held that it had jurisdiction to award...
read moreWrigley v Owners Corporation SP53413 [2017] NSWCATAP 100
Wrigley, is the owner of a lot in Strata Plan 53413. The Respondent is the Owners Corporation. The Owners Corporation made an application for an order from a Strata Adjudicator, under section 150 of the Strata Schemes Management Act 1996 (“SSMA1996”) that Mr Wrigley’s...
read moreNews: Pobi Lawyers continues to grow with new Special Counsel appointment
Pobi Lawyers is continuing to grow with the appointment of Special Counsel Iain Fairholm. Iain joined Pobi Lawyers in 2016 and brings with him significant experience in commercial litigation and dispute resolution, building and construction law, building defects...
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