Ready Strata Pty Ltd

SP85385 · 100 GLOVER STREET MOSMAN, MOSMAN

COSTS- whether costs of the appeal should be paid by the Appellant- consideration of special circumstances- Appellant unsuccessful except as to the costs order made at first instance-whether an allowance should be made in respect of a costs order to reflect the Appellants success on the issue of costs at first instance.

SP85385 · 100 GLOVER STREET MOSMAN, MOSMAN

APPEAL- whether timber decking on balconies and terraces is lot property or common property- consideration of provisions defining lot property and common property in the Strata Schemes (Freehold Development) Act 1973 NSW and regulations- whether a bylaw is void for uncertainty.

SP85385 · 100 GLOVER STREET MOSMAN, MOSMAN

LAND LAW – Strata schemes – Common property – whether common property or lot property LAND LAW – Strata schemes – By-laws – power to make declarations that by-law void, repealed or varied – standing of owners corporation to seek order declaring by-law invalid – validity of by-law purporting to qualify duties under s 106 LAND LAW – Strata title – Owners corporation – power of owners corporation to enter into settlement agreement – authority of strata managing agent to enter into settlement agreement – ratification by strata committee LAND LAW – Strata schemes – Common property – Maintenance and repair of common property – compliance with duties under s 106