Case Database

James v The Owners Strata Plan No 11478 [2017] NSWCA 166 (10 July 2017)

Allegations of negligence, oppression and fraud on minority concerning conduct and management of strata scheme by Owners Corporation

Huang v The Owners Corporation SP 54659 [2017] NSWCATAP 179 (15 August 2017)

Setting aside consent order – interlocutory application - proposed work to be undertaken by lot owners

The Owners Strata Plan No 82306 v Anderson [2017] NSWCATCD 85 (31 October 2017)

Enforcement proceedings concerning an order of a Strata Schemes Adjudicator made before repeal of the Strata Schemes Management Act 1996 (NSW)

The Owners – Strata Plan 5709 v Andrews [2009] NSWCA 189 (10 July 2009)

Orders appointing strata managing agents to exercise all the functions of an owners corporation

The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 (22 August 2013)

duty of owners corporation to renew or replace mechanical exhaust ventilation system pursuant to Strata Schemes Management Act 1996, s 62(2)

2 Elizabeth Bay Road Pty Ltd v The Owners – Strata Plan No 73943 [2014] NSWCA 409 (5 December 2014)

proceedings commenced by owners corporation without prior approval at general meeting

The Owners – Strata Plan No 70798 v Bakkante Constructions Pty Ltd [2014] NSWCA 410 (5 December 2014)

owners corporation commenced proceedings without approval of general meeting - whether exemption applied

The Owners – Strata Plan 21702 v Krimbogiannis [2014] NSWCA 411 (5 December 2014)

lot owner altered common property without authorisation - whether owners' corporation's obligation to "maintain" common property to be read down

Sahade v The Owners – Strata Plan 62022 [2014] NSWCA 208 (1 July 2014)

power to reallocate units entitlements if original allocation considered unreasonable

Chua v The Owners – Strata Plan No 40301 [2014] NSWCA 306 (27 August 2014)

non-payment of special levy - liability of unit holder - whether notice served by posting to correct address

Taylor v Owners – Strata Plan No 11564 [2013] NSWCA 55 (18 March 2013)

claims under the Compensation to Relatives Act 1897

The Owners – Strata Plan No. 74602 v Eastmark Holdings Pty Limited [2013] NSWCA 221 (19 July 2013)

legal professional privilege - where privilege asserted by owners corporation against lot owner

Shahbazian v Owners Corporation SP 56466 [2017] NSWCATCD 83 (22 September 2017)

Enforcement proceedings concerning an order of a Strata Schemes Adjudicator after repeal of the Strata Schemes Management Act 1996 (NSW)

Melani v The Owners Strata Plan No 22214 [2017] NSWCATCD 73 (19 September 2017)

Definition of Lot, Definition of common property, Whether dropped ceiling formed part of the Lot or part of the common property

Shum v Owners Corporation SP30621 [2017] NSWCATCD 68 (30 August 2017)

Jurisdiction of Tribunal to award damages for breach of statutory duty

Rosenthal v The Owners – SP 20211 [2017] NSWCATCD 80 (29 August 2017)

Jurisdiction of Tribunal to award damages for breach of statutory duty

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014)

Negligence – Duty of care – Pure economic loss - Latent defects in common property

Owners of Strata Plan 36131 v Dimitriou [2009] NSWCA 27 (25 February 2009)

Recovery by owners corporation of contributions and expenses under s 80 of the Strata Scheme Management Act 1996

McElwaine v The Owners – Strata Plan 75975 [2017] NSWCA 239 (20 September 2017)

Whether Ch 5 of the Strata Schemes Management Act 1996 (NSW) has the effect of excluding a claim for common law damages

Stam v Andrews and Owners Corporation SP 49154 [2017] NSWCATCD 32 (19 April 2017)

Work on common property, special resolution

The Owners – Strata Plan No 21372 v Banovic (No 2) [2017] NSWSC 734 (7 June 2017)

Transfer of proceedings – whether proceedings should be transferred to NSW Civil and Administrative Tribunal

Estens v Owners Corporation SP 11825 [2017] NSWCATCD 52 (6 July 2017)

Invalidity of special by-law prohibiting illegal uses including short term lettings – by-law capable of operating to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing related to a lot.