On 12 October 2020 in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, the Court of Appeal unanimously allowed the Coopers’ appeal, striking down the ban on pets in Darlinghurst’s Horizon building. In applying the tests set out in s139 SSMA and encompassed in the phrase ‘harsh, unconscionable or “oppressive” the […]
In The Owners—Strata Plan 85044 v Murrell; Murrell v The Owners—Strata Plan 85044 [2020] NSWSC 20 His Honour Justice Williams was asked to determine 19 issues arising from a dispute between neighbours, including nuisance. Facts The plaintiff Owners Corporation (OC) owned the common property in a four-level four-unit strata scheme at 95 Wentworth Road, Vaucluse […]
Department of Fair Trading and strata mediation. The mediation service offered by Fair Trading can be invaluable in resolving the most common strata disputes involving the use of common property, pets and parking. Overseen by experienced and impartial mediators, the process is free and widely available to occupiers, residents and workers in strata schemes. This […]
