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Land law

PINN 386 Pty Ltd v The Owners – Strata Plan No 67607

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.

  • Statutory interpretation
  • Insurance premiums
  • Owners corporation insurance obligations
  • Strata management statement
  • Appeal panel jurisdiction
  • Costs
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Land law

The Owners - Strata Plan No 105126 v Mokhtari

Owners corporation failed to prove the lot owner damaged a common property cable or caused generator costs by refusing access. Application dismissed.

  • Owners corporation obligations
  • Common property repair
  • Access to lot for repairs
  • Generator costs
  • Strata scheme dispute
  • Strata-title
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Land law

The Owners-Strata Plan 934 v T&P Chimes Development Pty Ltd

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.

  • Strata schemes – renewal and redevelopment
  • Strata schemes development act 2015 (nsw) – variation of plan
  • Compensation and settlement terms for dissenting owners
  • Court powers to vary strata renewal plan
  • Support notice procedures
  • Procedural fairness in strata renewal
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Land law

Choi v The Owners Strata Plan No 53482

Choi v The Owners Strata Plan No 53482 [2024] NSWCATAP 233

Appeal dismissed in a strata dispute over air-conditioning works and a common property rights by-law. The Panel found no error of law and varied compliance dates.

  • Common property rights by-law
  • Unreasonable refusal
  • Alteration of common property
  • Strata-title
  • Common-property-rights-by-law
  • Unreasonable-refusal
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Land law

Bass-Skardon v The Owners-Strata Plan No 33038

Bass-Skardon v The Owners-Strata Plan No 33038 [2024] NSWCATCD 30

The Tribunal found the owners corporation breached its duty to repair common property and ordered sub-floor, floorboard and drainage works for Lot 6.

  • Duty to repair common property
  • Breach of statutory duty
  • Remedial orders under strata law
  • Strata-title
  • Common-property-repairs
  • Statutory-duty
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Land law

BlueHouseCoffs Pty Ltd v The Owners – Strata Plan No 61419

The Tribunal joined BlueHouseCoffs Pty Ltd, restrained the owners corporation from further paid legal services without approval, and dismissed the balance of the document-production application.

  • Interim relief
  • Production of documents
  • Legal professional privilege
  • Approval of legal services by owners corporation
  • Strata records access
  • Strata-title
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Land law

The Owners – Strata Plan No. 61285 v Taylor (No. 3)

The Owners – Strata Plan No. 61285 v Taylor (No. 3) [2023] NSWCATCD 1

The Tribunal held it could direct the recipient of a strata civil penalty, ordered payment to the Commissioner, dissolved a stay, and awarded costs to the applicant.

  • Civil penalty
  • Contravention of tribunal order
  • Award of costs
  • Statutory interpretation
  • Power to direct recipient of penalty
  • Strata-title
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Land law

Pittman v Newport

Pittman v Newport [2022] NSWCATCD 173

The Tribunal ordered strata lot owners to stop smoking on their balcony after finding tobacco smoke drift from their lot caused nuisance and hazard to neighbours.

  • Nuisance
  • Hazard
  • Tobacco smoke drift
  • Private nuisance
  • Strata schemes management
  • Strata-title
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Land law

Donne v The Owners - Strata Plan No. 86457

Donne v The Owners - Strata Plan No. 86457 [2021] NSWCATCD 118

The Tribunal ordered a transfer between strata funds, disallowed interest on unpaid levies, required one co-owner to leave the strata committee, and declined to invalidate the AGM resolutions.

  • Payment of contributions
  • Voting eligibility
  • Validity of resolutions
  • Strata committee membership
  • Additional levies
  • Strata-title
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.