This ACT Supreme Court decision involved a lot owner who tripped and fell on the edge of a path which was located in an area for which the owners corporation was responsible. He wished to claim against the public liability insurance of the owners corporation to compensate him for his injury.
The key issue in this…
This matter relates to a units plan development consisting of two townhouses. The owners of the two units brought this claim in their capacity as the owners corporation against the respondent, Civium Property Group Pty Ltd (Civium), who they incorrectly thought was the developer of the units plan but was the managing agent for the…
Units Plan No 346 consists of 16 Class B residential units and common property. The applicants are unit owners of three of the 16 units, collectively holding 17.88% of the total unit entitlement. At its reduced quorum annual general meeting on 14 January 2019 (the AGM), the owners corporation elected two persons to its executive…
The air conditioning system in the unit owned by the applicant was not operating. While the owners corporation acknowledged that it would usually be responsible for the repair and maintenance of the air-conditioning unit, in this instance the owners corporation refused to repair the air conditioning unit as it believed that damage had been caused…
The applicant was an occupier of a unit and claimed he had a bike stolen from the common property area under the control and management of the respondent.
The applicant claimed he locked his bike on the bike stand located on the common property because he was unable to secure his bike in the locked cage…
The apartment building contained building defects. The applicant was the owner of a unit in that building (the Unit). As part of the process of identifying the defects, investigating the cause and engaging in a collaborative repair process with the original builder, the owners corporation had arranged for several inspections of both common and lot…
The applicant was an owner of a class A unit who sought to recover the cost of repairing damaged electricity cables leading to his apartment caused by rodents and/ or other pests. The basis for this action against the owners corporation was that the electricity cables were ‘common property’ and consequently the owners corporation:
breached…
The respondents owned and occupied a ground floor unit and in 2006, were given written permission to plant two trees in their courtyard.
In fact, three trees were planted. These trees flourished and soon began to interfere with the amenity of the unit directly above that owned and occupied by the respondents.
On 11 March 2015, the…
A unit owner sought, among other orders, an urgent order to stay the removal of a eucalyptus tree and required remedial measures be taken to retain the tree.
The executive committee had authorised the removal of the tree (i.e. the facts are the reverse of those in the case of May).
The arguments centred on the risk…
A unit owner sought, amongst other orders, an order from ACAT for the removal of a large Brittle Gum from the common property near his premises. When the matter first came before ACAT for directions, it was established that the question of removal of the tree was best pursued in the first instance before the…
On 18 December 2015, the applicant applied to the respondent to damage three different trees by removing them. Tree assessment reports were prepared on 12 January 2016 and tree 1 (being the subject of this decision) was found to be in good health.
On 22 January 2016, a delegate of the respondent refused the application on…
In response to a substantial increase in the number of formal complaints about building matters since 2010, the new Building and Construction Legislation Amendment Act 2020 introduced a new dispute resolution scheme in the ACT for residential building disputes by inserting a new part 6A into the Building Act (the Scheme). Please note that while…