A nuisance for Owners Corporations: damages awarded to lot owner

Natalee VenegasOctober 2nd, 2017

In February this year, we reported on the case of McElwaine v The Owners- Strata Plan No 75975 [2016] NSWSC 1589. To remind you of the facts, lot owner McElwaine pursued his Owners Corporation in a common law claim of nuisance, after alleging that his lot was damaged by water penetration caused by defective waterproofing. McElwaine […]

BY-LAW: DENIED.

Caelan BruceOctober 26th, 2016

In the case of Colbert v MacDonald & Ors [2016] NSWSC 1291 (15 September 2016) the Supreme Court considered (a) the requirements of Adjudicators in complying with any statutory preconditions before exercising a power, and (b) whether Owners Corporations are required to circulate orders and notices from the Tribunal, in order to prevent individual lot […]