Allegations of negligence, oppression and fraud on minority concerning conduct and management of strata scheme by Owners Corporation
Setting aside consent order – interlocutory application – proposed work to be undertaken by lot owners
Enforcement proceedings concerning an order of a Strata Schemes Adjudicator made before repeal of the Strata Schemes Management Act 1996 (NSW)
Enforcement proceedings concerning an order of a Strata Schemes Adjudicator after repeal of the Strata Schemes Management Act 1996 (NSW)
Definition of Lot, Definition of common property, Whether dropped ceiling formed part of the Lot or part of the common property
Jurisdiction of Tribunal to award damages for breach of statutory duty
Jurisdiction of Tribunal to award damages for breach of statutory duty
Negligence – Duty of care – Pure economic loss – Latent defects in common property
Recovery by owners corporation of contributions and expenses under s 80 of the Strata Scheme Management Act 1996
Orders appointing strata managing agents to exercise all the functions of an owners corporation
duty of owners corporation to renew or replace mechanical exhaust ventilation system pursuant to Strata Schemes Management Act 1996, s 62(2)
proceedings commenced by owners corporation without prior approval at general meeting
owners corporation commenced proceedings without approval of general meeting – whether exemption applied
lot owner altered common property without authorisation – whether owners’ corporation’s obligation to “maintain” common property to be read down
power to reallocate units entitlements if original allocation considered unreasonable
non-payment of special levy – liability of unit holder – whether notice served by posting to correct address
claims under the Compensation to Relatives Act 1897
legal professional privilege – where privilege asserted by owners corporation against lot owner
Whether Ch 5 of the Strata Schemes Management Act 1996 (NSW) has the effect of excluding a claim for common law damages
Work on common property, special resolution
Transfer of proceedings – whether proceedings should be transferred to NSW Civil and Administrative Tribunal
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.
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