Thompson v SP31007: Exclusive use indemnity clause
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.
Abraham v SP61419: standing to bring s237 appeals
Appeal Panel decision addressing a non-party’s standing to bring an appeal against an order for compulsory appointment.
Amirchian v SP99357: s52 RTA + 106(5) damages
Appeal Panel decision concerning the implications of s52 of the RTA on s106(5) damages claims.
Walker v SP61618: NSWCA appeal
The NSWCA dismisses Finger Wharf appeal, upholding the primary judge’s findings that the SMS clause was inconsistent with the SSMA.