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The Australian College of Midwives Ltd v The Owners – Units Plan No. 1475 (Unit Titles) [2022] ACAT 73

1. This dispute related to a ten-storey concrete building known as City Plaza that was subdivided by the registration of Units Plan No 1475 in April 1996. The ground floor contains eight commercial units numbered 1 to 8. The first floor contains seven commercial units numbered 9 to 15. The second to ninth floor contains…

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Smith v Owners Corporation – Unit Plan 3115 (Unit Titles) [2021] ACAT 28

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…

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Nasser v The Owners – Units Plan No 3063 XD 794 of 2014 [Unreported ACAT decision – 17 September 2014]

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…

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Castro v The Owners – Unit Plan 246 (Civil Dispute) [2016] ACAT 111

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…

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