Resources

Daniel's Publications

  • Quit Parking There You Nuisance! - Nuisance and By-law Interpretation in The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134 In the recent Supreme Court case of The Owners Strata Plan No 2245 v Veney [2020] NSWSC 134, Darke J made a guiding decision concerning the interpretation of by-laws and alleged nuisance within a strata scheme. Published by Daniel Russell, Ryan Machado and Chris Prestipino
  • What Makes an Easement “Reasonably Necessary”? - Gordon v Lever (No 2) [2019] NSWCA 275 The case of Gordon v Lever (No 2) [2019] NSWCA 275 is a case concerning the imposition of easements by the Court. The case and its procedural history featured much discussion on what constitutes an easement as “reasonably necessary” under section 88K(1) of the Conveyancing Act 1919. Published by Daniel Russell and Ryan Machado
  • Community title law reforms—draft bills released for comment Fair Trading NSW has recently made available two draft bills for feedback from the general public, namely the draft Community Land Management Bill 2019 and draft Community Land Development Bill 2019. Published by Daniel Russell and Holly Pitt
  • Lot owner derivative actions In Tan v The Owners - Strata Plan No 22014 (No 2) [2015] 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. Published by Daniel Russell and Katherine Flynn
  • Beneficiaries of policies issued under the Home Building Compensation Fund In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation [2016] 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. Published by Daniel Russell and Thomas Waugh
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