281-285 Elizabeth Street

APPEALS — Appeal on question of law – Scope of question of law LAND LAW - Strata title – Whether the owners corporation breached the statutory duty to properly maintain and keep in a state of good and serviceable repair the common property - Whether the owners corporation is liable to a lot owner for damages for temporary accommodation expenses for breach of statutory duty – Whether temporary accommodation costs and loss of amenity damages were a foreseeable loss suffered by the lot owner – Whether the Tribunal should have exercised the power to remove a lot owner as a member of the strata committee of the owners corporation - Whether the Tribunal had power to restrain a lot owner from acting as a member of the strata committee or as an officer of the owners corporation

LAND LAW – Strata title – Owners corporation - Common Property – Repair and Maintenance – Adequacy of work under section 106 of the Strata Schemes Management Act 2015 - Section 260 of the Strata Schemes Management Act 2015 – Good Faith – Meaning of – Liability of strata committee members - Duty of care of strata managing agent and building manager – Damages – Loss of amenity – Aggravated damages – Removal of Strata committee member - Serious misconduct meaning of – Re-opening of the applicant’s case

COSTS – Indemnity costs – Separable issues – Disentitling conduct – Calderbank offers

COSTS – application to vary costs order by the respondent – application dismissed

PRACTICE AND PROCEDURE – application to set aside a summons to produce documents