Resources

Property Resources

• What are my Rights and Obligations in Respect of Defects or Repairs in my Lot? Legal battles may be complex, time-consuming, and costly. In order to avoid unnecessary disputes, it is important to be aware of your rights and obligations arising from living in strata. Particularly, it is important to be aware of your rights and obligations in respect of potential defects or repairs that may affect your lot. An overview of some key considerations is provided below. Published by Daniel Russell, Cameron Wilson and Ryan Machado
• 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
• "Riddled with Structural Defects" - Certifier Liability A recent decision of the Supreme Court of New South Wales has determined that a Council taking on the roll as the PCA in respect of a residential building owed and breached a duty of care to a subsequent purchaser. The decision may be of particular significance to owners in circumstances where they are out of time to pursue other parties or cannot do so for other reasons such as the death, disappearance of insolvency of the original builder. Published by Scott Chambers, Daniel Russell and Katherine Flynn

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