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The Tribunal dismissed a contempt referral application over alleged non-production of strata documents, finding no admissible proof the missing documents existed or were within the respondent’s control.
The Court made declarations about a lot owner’s exclusive-use rights under strata by-laws and held s 138 of the Real Property Act could support ancillary correction orders.
The Appeal Panel dismissed an application for a stay and the first respondent’s costs application, finding no basis for a stay and no special circumstances for costs.
NCAT determined costs after the substantive strata dispute, granting the applicant costs against the owners corporation but ordering issue-specific and respondent-specific exceptions.
The Appeal Panel allowed an appeal from a NCAT costs decision after finding the Tribunal failed to consider the appellant’s filed costs submissions.
The Court made final orders giving effect to a proprietary estoppel finding by requiring a perpetual easement for pool use, while dismissing the competing notation challenge.
The Court dismissed the claim against Tony Saaib but found Irena Alexandrova liable for misleading and deceptive conduct, awarding $3,425,583.54 in damages.
The Tribunal dismissed an application by apartment owners seeking permission to keep their dog, finding the strata by-laws did not support an order under s 157.
The Supreme Court held NCAT had jurisdiction over a strata records dispute, that its jurisdiction was not exclusive, and transferred the proceedings to NCAT.
Bessemer v Owners of Strata Plan 6925/35054 [2018] NSWCA 57
The Court of Appeal dismissed a judicial review challenge to a District Court ruling refusing relief from a strata levy and rejecting claims tied to annulled convictions.
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