In Floro v Owners – Units Plan No 630 (Unit Titles) [2017] ACAT 4 the applicant, Ms Floro, sought a review of a decision of the respondent owners corporation to decline to grant owners within the complex a ‘special privilege’ to erect support poles for a carport on an area of common property adjoining their…
Introduction A dispute over the airspace between two balconies in Queensland has provided the most comprehensive authority to date as to what is considered an ‘unreasonable refusal’ by owners corporations for the purposes of granting a common property right. The High Court decision in Ainsworth v Albrecht [2016] HCA 40 (Ainsworth) turned on the exercise…
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…
Click here to read the article – The High Court Decides: When Does a Builder Owe a Subsequent Owner a Duty of Care?
Chris Kerin appears on Channel Seven News on 15 November 2014 in relation to reforms in residential building laws affecting thousands of lot owners in NSW.
This article, published in the November 2014 edition of the NSW Law Society Journal outlines the background, reasoning and implications of the decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 on apartment owners in New South Wales. Click here
Click to read the article – High Court Decision Bad News for Apartment Owners
Click to read article – Builders, Duty of Care and Vulnerability
Click to read the article – Ruling Makes It Harder to Sue Your Apartment Builder
Click to read the article – Defect With Your Unit A Tough Situation Could Get Worse