The District Court held that an owners corporation was liable in negligence for delaying balcony waterproofing works that caused ongoing water ingress into a lower lot. Although a statutory duty claim was out of time, the lot owner recovered $61,880 for lost rent.

The Appeal Panel held that a lot owner could not recover compensation for rooftop structures damaged during roof membrane replacement works. An exclusive use by-law requiring the owner to indemnify the owners corporation extended to damage caused while necessary common property repairs were carried out.

The Appeal Panel dismissed a costs application after an appeal had already been dismissed at a callover. Although the appeal appeared weak, the Appeal Panel was not satisfied that it lacked any tenable basis in fact or law or that special circumstances justified a costs order.

The Supreme Court considered whether terrace waterproofing and tiling works carried out without prior approval could later be treated as authorised under a by-law or attract compensation. The Court dismissed the appeal and confirmed important limits on retrospective approval and compensation claims.

The Tribunal found that an owners corporation was bound by an agreement to carry out bathroom repairs and ordered the works to be completed, rejecting arguments that the agreement was unenforceable or outside NCAT's jurisdiction.

Appeal Panel decision addressing a non-party’s standing to bring an appeal against an order for compulsory appointment.

Appeal Panel decision concerning the implications of s52 of the RTA on s106(5) damages claims.

The NSWCA dismisses Finger Wharf appeal, upholding the primary judge’s findings that the SMS clause was inconsistent with the SSMA.

Appeal Panel decision recognising both the jurisdiction and power under s41 of the NCAT Act to extend the 2-year time limit under s106(6) of the SSMA.

Court of Appeal decision considering the time limit imposed by section 106(6), barring claims for loss known more than 2 years before commencement.

Appeal Panel decision overturning an order varying contribution amounts that were said to be varied by a UE reallocation.

Parker J in the Supreme Court has held void for uncertainty an SMS clause requiring member owners corporations to appoint the BMC’s agent as their own, and by-laws in similar terms.

Decision concerning the Tribunal’s lack of power under s 130(2) to order the acquisition of lot property.

Tribunal decision finding that the statutory references to an animal include its plural form, and that refusal for fear of creating a precedent is unreasonable.

Decision of the Tribunal concerning its power to order no interest payable on a levy debt, and its lack of jurisdiction to make a similar order in respect of levy recovery expenses.

Appeal Panel decision concerning the need for the prior written consent of all benefited lot owners to change a common property rights by-law before the owners corporation can be deemed to have unreasonably refused to change the by-law.

Appeal Panel consideration of limitation matters arising under Rule 23 of the NCAT Rules and the Tribunal’s power to award damages under s 232 of the SSMA for matters other than breach of statutory duty.

Tribunal decision concerning a strata committee’s authority to commence proceedings; collateral challenges in proceedings; and a section 247A penalty application.

Appeal Panel decision with ancillary discussion on the ownership, storage and access of CCTV footage in a strata scheme.

Tribunal decision awarding costs against unrepresented applicants who sought 37 orders and filed voluminous evidence of little relevance or probative value.

Tribunal decision awarding s 106(5) damages arising from a remedial project delayed after commencement

Appeal Panel decision on costs considering special circumstances and discretion to award costs.

Appeal Panel decision regarding section 24 and the relevant point in time that a person is “adversely affected” by a decision of the owners corporation at general meeting.