In Byron Moon Pty Ltd and Anor v The Owner Strata Plan 76830, Sachs Gerace Lawyers successfully represented two commercial lot owners who sought reimbursement of levies that included incorrect…
In this podcast, Sachs Gerace Lawyers, Principal, David Sachs discusses proxies. More specifically, David covers: What is a proxy and how does it work? How does a proxy vote? Can…
Successful Adjudication Application SGL recently successfully represented a builder in adjudication proceedings concerning the calculation for payments due for provisional sum work. Allens Linklaters acted for the developer. In design…
On 8 August 2019, Justice Pain the Land and Environment Court of New South Wales delivered the first judgment approving the collective sale of a strata scheme: Application by the…
With a number of apartment buildings in NSW reported to have defects, owners corporations may be concerned about whether their apartment building has defects and what they can do about…
In the recent case of The Owners – Strata Plan 87265 v Saaib, the Supreme Court of NSW has taken a different approach as to whether owners corporations who have…
In a recent District Court case, a lot owner was ordered to pay $90,000 in general damages, plus a further $30,000 for aggravated damages, for comments made in an email…
In a matter that has been reported widely, residents of an Erskineville Apartment complex are vowing to fight a ban on some children being banned from using the pool. The…
The case of Titus v Eddington [2019] NSWCAT CCD is a salient reminder of how the Tribunal deals with applications to adjust unit entitlements and the importance of dealing with…
Most decisions in strata cases are delivered by the Civil and Administrative Tribunal, either by a member of the Consumer and Commercial Division or the Appeal Panel. From time to…
The Appeal Panel of the Civil and Administrative Tribunal of New South Wales in Endre v The Owners – Strata Plan No. 17771 [2019] NSWCATAP 93 has made a work…
As the old saying goes, familiarity breeds contempt, especially in strata complexes. According to the Strata Community Association, strata complexes are a popular choice for investors. The majority of all…
There is an implied undertaking to the Court (or Tribunal) that documents obtained as a result of the compulsory processes of a court or tribunal will only be used for…
Sachs Gerace Lawyers, acting for an Owners Corporation, successfully obtained an order for costs against a lot owner who had appealed against a decision of a Senior Member of the…
The Strata Schemes Management Act 2015 (NSW) places a strict duty on owners corporations to maintain and repair common property. Not only does an owners corporation have a duty to…
In this podcast, David Sachs, Principal at Sachs Gerace Lawyers, answers questions in relation to common property in Strata. Speaker 1: Need help with a strata law issue? Or a building…
In this podcast, David Sachs from Sachs Gerace Lawyers explains the different options on how to resolve a strata dispute. Speaker 1: Need help with a strata law issue, or a…
Section 60 of the Civil and Administrative Tribunal Act (the Act) deals with costs in proceedings before the Tribunal. The usual rule is that each party should pay its own…
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