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The Court held the easement did not authorise use of the carriageway solely as a turning area and extinguished any benefit to Lot 54 under s 89(1)(c).
The Court granted leave to appeal but dismissed all grounds, holding s 162 of the Strata Schemes Management Act applied and the Appeal Panel’s orders stood.
Maria Donatiello sought to set aside her transfer of the Long Jetty property to Paul and Catherine Donatiello, alleging unconscionable dealing. The Court held it was a gift and dismissed the proceedings.
The Court appointed trustees for sale under s 66G of the Conveyancing Act, rejecting arguments based on an alleged quasi-proprietary spouse claim and pending Succession Act proceedings.
Owners corporation failed to prove the lot owner damaged a common property cable or caused generator costs by refusing access. Application dismissed.
NCAT ordered an owners corporation to restore the original parking-space marking, but otherwise dismissed a strata easement dispute and cross-claim.
The High Court held that land subject to a Crown lease is not necessarily “lawfully used” under s 36(1)(b) of the NSW Aboriginal Land Rights Act unless there is actual, purposeful use or occupation.
The Eddie Arnott Corporation Pty Ltd v Sydney Metro (No 2) [2025] NSWLEC 17
The Court dismissed an adjournment application to vacate a Class 3 compensation hearing, finding no sufficient prejudice and that case management weighed against delay.
The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd [2025] NSWLEC 9
The Court held a strata renewal plan could be varied to increase lot 19’s price, found the variation minor and just and equitable, and ordered supporting owners’ written agreement.
Colman v The Owners – Strata Plan 61131 [2025] NSWSC 63
The Supreme Court considered strata-law disputes over unapproved waterproofing and terrace works, by-law 44, and retrospective approval under s 126.
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