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Christopher Kerin

217 articles published

Case Note: Can a lot owner claim for damages in equity & negligence arising from a breach of Section 24 Unit Titles Management Act after Thoo & Brookfield-Multiplex?

  Section 24 of the Unit Titles (Management) Act 2011 (ACT) establishes the strict liability of an owners corporation to maintain and repair its common property. The ability of a lot owner to sue for damages has been limited in the light of the decision of the NSW Court of Appeal in The Owners Strata…

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Building certifier liability after Brookfield: Where to now?

Background 1. On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which curtails the rights of apartment owners to sue builders in negligence. 2. The case involved a long-running dispute between the builder, Brookfield Multiplex, and the owners…

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Storm Clouds Ahead for Owners Corporations (NSW version)

On 8 October 2014, the High Court handed down its decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 which has serious implications for apartment owners. The case involved a long-running dispute between the appellant builder, Brookfield, and the respondent owners corporation with respect to building defects in the common property…

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