Hadley v SP30558: denial of procedural fairness
A lot owner’s compensation claim was dismissed after a hearing affected by unequal evidentiary treatment. The Appeal Panel allowed the appeal for denial of procedural fairness and remitted the claim for rehearing.
CA270580, Bares & 1735 Pty Ltd v NA286149 & NA286150: indemnity costs
The Appeal Panel awarded indemnity costs after finding that an appeal brought 26 months late had low or non-existent prospects and that Calderbank offers had been unreasonably rejected. The successful neighbourhood associations were excluded from the special levy funding the costs.
Goubran v SP57150: appeal for rectification costs & interest
The Court of Appeal accepted that a District Court judge had failed to determine claims for repair costs and pre-judgment interest arising from a strata water ingress dispute. Despite those errors, leave to appeal was refused because of the small amount in issue, deficiencies in the repair claim and the owner's failure to utilise UCPR r 36.16.
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.