In The Owners—Strata Plan No 74835 v Pullicin and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 the Appeal Panel, constituted by the President, Deputy President and a Principal Member, settled the vexed question of whether the Tribunal had jurisdiction to consider a lot owner’s claim for s106 (5) SSMA damages. Section 106 (5) damages can […]
Tag Archives: common property disputes
Appeal Panel bans pets in strata schemes
In the recent cases of The Owners – Strata Plan No 58068 v Cooper [2020] NSWCATAP 96 and The Owners – Strata Plan 55773 v Roden; Spiers v The Owners – Strata Plan 77953 [2020] NSWCATAP 95 the Appeal Panel found that by-laws prohibiting the keeping of pets were valid and enforceable by an Owners […]
High Court decides Noosa’s Battle of the Balconies
Community title common property disputes legal assistance. On 12 October 2016, the High Court of Australia delivered a unanimous judgement in Ainsworth v Albrecht [2016] HCA 40, bringing to an end a long running and extremely expensive dispute between lot owners in a community title scheme. The facts Mr Albrecht, a lot owner in a […]