The respondent was the owner of a unit and the applicant was the owners corporation of the units plan. The respondent owed a debt of $18,472.31 in levy arrears.
The applicant took steps to recover the debt and subsequently, levy recovery proceedings were commenced in ACAT. The applicant claimed an amount comprising: (a) levies; (b) legal…
The applicants were the owners of a unit in Units Plan 3488. One morning when the applicants were not present in the unit, a hose connected to the mains in the toilet cistern broke and water flowed out of the cistern into the apartment and into the common property in the hallway. There was consequent…
CORBY v THE OWNERS CORPORATION – UNITS PLAN NO 1035 (Unit Titles) [2019] ACAT 45
ACT CIVIL & ADMINISTRATIVE TRIBUNAL
Member: Senior Member R Orr QC
Date of Decision/ Orders: 8 May 2019
FACTS
On 11 April 2018 the executive committee for the owners corporation of Units Plan No 1035 (the Respondent) convened a meeting to discuss the lack of visitor car…
On 28 February 2019 His Honour Judge Woodward delivered his judgement which is the first major decision in Australia regarding the liability of building industry entities involved in the design and construction of a building with combustible cladding. The subject of the judgement was a fire which took place in November 2014 at the Lacrosse…
The following article provides an update on our article published 21 March 2016 titled ‘ACT Case note: Recovering costs in levy recovery matters’. In The Owners – 840 v Richardson [2015] ACAT 77 Member Daniels determined that awarding legal costs in levy recovery proceedings was contrary to the provisions in the ACT Civil and Administrative Tribunal…
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…
Owners Corporations pass resolutions at meetings all the time, often unanimously and without controversy. The recent ACT Civil and Administrative Tribunal (ACAT) case of Green & Ors v The Owners – Units Plan No. 199 (Unit Titles) [2014] ACAT 52 highlights the importance of properly conducting and recording meetings at which motions are voted upon.…