Resources

Litigation Resources

• What Makes an Easement “Reasonably Necessary”? - Gordon v Lever (No 2) [2019] NSWCA 275 The case of Gordon v Lever (No 2) [2019] NSWCA 275 is a case concerning the imposition of easements by the Court. The case and its procedural history featured much discussion on what constitutes an easement as “reasonably necessary” under section 88K(1) of the Conveyancing Act 1919. Published by Daniel Russell and Ryan Machado
• Important Decision on NCAT Jurisdiction for Common Property Claims On 15 January 2020, the Appeal Panel of the New South Wales Civil and Administrative Tribunal (“NCAT”) published a joint decision in two cases: The Owners—Strata Plan No 74835 v Pullicin (“Pullicin”); and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 (“Vickery”). Published by Scott Chambers and Joel White
• Lot owner derivative actions In Tan v The Owners - Strata Plan No 22014 (No 2) [2015] the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so. Published by Daniel Russell and Katherine Flynn
• Beneficiaries of policies issued under the Home Building Compensation Fund In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989. Published by Daniel Russell and Thomas Waugh
• Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia [2015] NSWSC 1916 The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited [2015] NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation. Published by Daniel Russell and Haz Zainal-Grote

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