11 Feb 2019
On the evidence the applicant established a genuine and substantial dispute and a counterclaim/set-off that would likely exceed the $24,048.59 demand based on the Chopping report, the Board's disciplinary findings, and the Arendal remedial report and invoices; accordingly the statutory demand was set aside.
25 Nov 2015
The challenged determinations were factual findings about causation and quantum supported by evidence and therefore are not questions of law within Sch 2 cl 5; no breach of natural justice or unlawful error of law was shown; accordingly leave to appeal is refused.
9 Oct 2014
Clearwater owed a duty of care to all owners at Madison Apartments (commercial and residential); Clearwater breached that duty by constructing the building in a manner that breached Building Code clauses E2, E3, B1 and B2 causing water ingress and damage; plaintiffs proved causation and quantum by formal proof and are entitled to judgment for remedial costs, interest and costs.
29 Aug 2008
The Court held that the existing pleadings were broadly adequate but required amendment to expressly plead the Body Corporate's basis to incur and levy for repair costs (identify specific rules and resolutions relied upon) and to provide general particulars of the structural damage caused by exterior cladding defects; dates of notice/discovery are not required elements of the cause of action and are matters for evidence/interrogatories; defendants may obtain further factual detail by interrogatories and expert processes.