Decision: 11 August 2014 Did you know that an owners corporation has a duty to notify a builder of defects and allow them reasonable access for repairs? In The Owners…
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Decision: 8 October 2014 On 8 October 2014, the High Court handed down an important decision relating to builders’ negligence in constructing strata schemes. The bench unanimously held that Brookfield,…
Decision: 5 November 2014 The recent Supreme Court decision of McDougall J has emphasised the importance of strict compliance with the procedural requirements of the Building and Construction Industry Security of…
Decision: 28 November 2014 On 28 November 2014, Darke J decided a Notice of Motion application filed by the Defendant in Cavasinni Constructions Pty Ltd v New South Wales Land and…
Decision: 5 December 2014 Did you know that an owners corporation is required to reinstate any common property which has been removed or altered without authorisation? On 5 December 2014,…
Decision: 5 December 2014 On 5 December 2014, the Court of Appeal upheld the Supreme Court’s decision in The Owners Strata Plan No. 73943 v 2 Elizabeth Bay Road Pty…
Decision 5 December 2014 The Court of Appeal decided an appeal from the Supreme Court decision in The Owners Corporation SP No 70798 v Bakkante Constructions Pty Limited (No 2)…
Upcoming amendments to the Home Building Act 1989 (NSW) confirm the duty for owners to mitigate loss in statute. Under the new section 18BA, an owner: must make reasonable efforts…
The Owners Corporation SP No 70798 v Bakkante Constructions Pty Limited (No 2) [2014] NSWSC 147 Decision: 13 March 2014 Eight months after the Supreme Court handed down its original…