Security for Costs

Security for Costs – Statewide Developments Realty Pty Ltd v The Owners Corporation, SP 77457 & Ors [2013] NSWSC 1750 The Facts The plaintiff carried on a business of providing caretaker services to owners corporations and other owners of buildings. There...

Consent to By-Laws – Case Update

Jennifer Elizabeth James v The Owners Strata Plan No. SP 11478 (No 4) [2012] NSWSC 590 (4 June 2012) The strata scheme was subject to the appointment of a compulsory strata managing agent under section 162 of the Strata Schemes Management Act 1996...

Exclusive Use and Special Privilege By-Laws

Introduction to Exclusive Use and Special Privilege By-Laws  Exclusive use or special privilege by-laws are contractual and not proprietary rights (see Northwind Pty Limited v The Proprietors Strata Plan No. 3143 (1981) 2 NSWLR 809). As these rights are not...

Maintenance and repair of common property

The Owners Corporation’s Duty to Maintain and Repair Common Property  Section 62(1) of the Strata Schemes Management Act 1996 (“SSMA”) states that an owners corporation must properly maintain and keep in a state of good and serviceable repair the...

Introducing NCAT

Introducing NCAT The NSW Civil and Administrative Tribunal (“NCAT”) will commence operations from 1 January 2014 where 23 of the state’s Tribunals will have merged into NCAT. The Civil and Administrative Tribunal Act 2013 received Royal Assent on 4 March...