Australia Case Law

Hadley v The Owners Strata Plan No 30558

The Appeal Panel held J Hadley was denied procedural fairness in her damages claim and allowed the appeal, setting aside the Tribunal’s orders and remitting the matter.

• Appeal from tribunal decision
• Procedural fairness to self-represented litigant
• Leave to rely on late affidavit
• Compensatory damages under s 106(5) ssma
• Remittal for rehearing
• Procedural-fairness

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Sentient Corp Holding Pty Ltd v The Owners – Strata Plan No. 48216

The Appeal Panel dismissed an internal appeal about the compulsory appointment of a strata manager, finding no legal error, no procedural unfairness, and adequate reasons.

• Compulsory appointment of strata manager
• Internal appeal
• Procedural fairness
• Leave to appeal
• Exercise of discretion under s 237 ssma
• Strata-law

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The Owners – Strata Plan no 67608 v The Owners – Strata Plan no 67607; PINN 386 Pty Ltd v The Owners – Strata Plan no 67607; The Owners Strata Plan 67607 v The Owners – Strata Plan no 67608 and PINN 386 Pty Ltd (No 2)

The Appeal Panel made an additional insurance-premium adjustment order, set aside inconsistent first instance orders, and awarded costs to Strata Scheme 67607.

• Internal appeal costs
• Insurance premium adjustment
• Dispensing with hearing
• Application of r 38 and r 38a
• Strata schemes management act 2015 (nsw) s 162
• Internal-appeal-costs

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Gao v The Owners Strata Plan No 100946; Jiang v Gao

NCAT ordered an owners corporation to restore the original parking-space marking, but otherwise dismissed a strata easement dispute and cross-claim.

• Easements
• Torrens title / indefeasibility
• Strata scheme parking space dispute
• Ncat jurisdiction
• Costs
• Torrens-title-indefeasibility

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The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd

The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd [2025] NSWSC 66

The Court allowed an appeal about NCAT jurisdiction and statutory warranties, holding the Appeal Panel erred in treating an obvious slip in reasons literally.

• Home building act 1989 (nsw): statutory warranties and limitation periods
• Awareness of breach versus awareness of defect
• Ncat jurisdiction – limitation period as jurisdictional precondition
• Correcting errors in reasons for judgment
• Onus regarding limitation extension
• Effect of prior knowledge of defect on warranty claim timing

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Akdogan v The Owners - Strata Plan No 55665

Akdogan v The Owners - Strata Plan No 55665 [2025] NSWCATAP 39

The Appeal Panel dismissed the respondent’s costs application after withdrawal of the appeal, though it found the appeal lacked standing-based merit.

• Costs applications
• Appeal procedure
• Standing of parties
• Strata management
• Costs
• Internal-appeal

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The Owners-Strata Plan No.100526 v Hamdan (No 2)

The Owners-Strata Plan No.100526 v Hamdan (No 2) [2025] NSWCATAP 16

The Appeal Panel dismissed an application for costs after allowing the appeal, finding no special circumstances under s 60 of the NCAT Act.

• Costs of appeal
• Strata title
• Strata-title
• Appeal-costs
• Ncat-costs
• Section-60

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Lim v The Owners – Strata Plan No 51159

Lim v The Owners – Strata Plan No 51159 [2025] NSWCATAP 14

Appeal about removal of a strata lot screen door was dismissed. The Appeal Panel found errors in the Tribunal process, but no practical utility in remitting the dispute.

• Strata schemes
• Alteration of common property
• Procedural fairness
• Tribunal jurisdiction
• Strata-law
• Common-property-alterations

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Lu v The Owners - Strata Plan No 66347

Lu v The Owners - Strata Plan No 66347 [2025] NSWCATAP 2

The Appeal Panel dismissed a costs application after an appeal was withdrawn, holding there were no special circumstances to depart from the usual rule that each party bears its own costs.

• Costs applications
• Special circumstances under civil and administrative tribunal act
• Withdrawal of proceedings
• Legal representation
• Strata management records
• Tribunal-costs

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Van der Rijt v Collins

Van der Rijt v Collins [2024] NSWCATAP 247

The Appeal Panel dismissed an appeal about a strata by-law for common property works, holding the consent and procedural fairness grounds failed.

• Common property rights by-law
• Consent requirements
• Procedural fairness
• Specificity of by-laws
• Appeal grounds
• Strata-law

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