NCAT: You Can’t Talk Your Way Out of By-laws

Ellen WoffendenOctober 26th, 2017

A recent decision from the NSW Civil and Administrative Appeal Panel has emphasised the importance of having a basic understanding of how the law impacts your strata scheme. Eadie v Harvey [2017] NSWCATAP 201 (18 October 2017) concerned a two lot strata scheme and the use of a driveway which was partly common property, partly the property […]

Tribunal Confirms its Jurisdiction to Award Damages for Breach of Statutory Duty

Ellen WoffendenOctober 3rd, 2017

In an August 2017 decision, the NSW Civil and Administrative Tribunal has confirmed its jurisdiction to award damages for a breach of the Strata Schemes Management Act 2015 (NSW). Rosenthal v The Owners – SP 20211 [2017] NSWCATCD 80 (29 August 2017) concerned the duty that an owners corporation has under section 106(1) of the Strata […]