203. Owners can no longer claim damages in the Tribunal
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I’ve recruited Allison Benson of Kerin Benson Lawyers to talk us through the implications of the Pullicin case: the recent NCAT Appeal Panel decision telling us that lot owners should not be applying to the Tribunal if they have a money claim against their owners corporation. There is much (much) more to this case than meets the eye, with serious ramifications for owners and buildings currently involved in this type of litigation in NSW.
Links mentioned:
- Get the transcript here!
- The Owners – Strata Plan No 74835 v Pullicin; The Owners – Strata Plan No 80412 v Vickery [2020]
- Strata Schemes Management Act 2015 – Section 106 subsection 1
- The Owners Strata Plan No 30621 v Shum [2018]
- Shih v The Owners – Strata Plan No 87879 [2019]
- The Owners Strata Plan 50276 v Thoo [2013]
- McElwaine v The Owners – Strata Plan 75975 [2017]
- Strata Schemes Management Act 2015 – Section 232
- Local Court Act 2007
- District Court Act 1973
- Strata Schemes Management Act 2015 – Section 253
- Strata Schemes Management Act 2015 – Section 106 subsection 5
- Strata Schemes Management Act 2015 – Section 9
- Strata Schemes Management Act 2015 – Section 232 subsection 2
- Allison’s blog: Thoughts from a strata Lawyer
- Kerin Benson Lawyers’ website
Hi we have compass housing who have four lots in our block of 99 compass housing have a rep on the committee he and another committee member have decided their lots are uninhabital and the rest of the strata will pay him compensation for the ingress witch has been ongoing for years and we can’t do anything as lot owners as we have not had an AGM since 18/12/2018 also I have taken the strata to fair trading and they said they are not going to fair trading .