In Tan v The Owners - Strata Plan No 22014 (No 2)  the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so.
In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation  the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989.
Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia  NSWSC 1916
The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited  NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation.
A recent decision of the Supreme Court of New South Wales has determined that a Council taking on the roll as the PCA in respect of a residential building owed and breached a duty of care to a subsequent purchaser. The decision may be of particular significance to owners in circumstances where they are out of time to pursue other parties or cannot do so for other reasons such as the death, disappearance of insolvency of the original builder.
As of 15 January 2015 details of contracts of home warranty insurance issued by the NSW Self Insurance Corporation may be accessed through an online register. The register provides key information about the extent of insurance protection offered to owners and prospective purchasers.
A number of key amendments to the home building laws in New South Wales have now come into operation. The amendments have wide ranging implications impacting on licencing, defect litigation and home warranty insurance. A number of considerations that arise from the amendments are discussed in this article.
The Court of Appeal has recently considered the legal obligations of owners corporations and executive committees under the Strata Schemes Management Act 1996 in the context of the commencement of legal proceedings. The case resolves a line of a number of inconsistent authorities and provides answers to some important questions concerning the management and administration of strata schemes.