184 Forbes Street

BUILDING AND CONSTRUCTION CONTRACTS – home owners’ warranty insurance – date of commencement of work – whether statutory test of commencement is exclusive – limitation periods – whether notification of defects provided within time – statutory discretion to extend time – whether discretion arises – if discretion had arisen, whether it should have been exercised. - STRATA TITLES – management and control – awareness of defects – whether through owners’ corporation or proprietors.

LAND LAW – strata schemes – by-laws – scope of subject-matter – purposive limits to the power to make by-laws – Strata Schemes Management Act 2015 (NSW), s 136(1) LAND LAW – strata schemes – by-laws – restrictions on by-laws – requirement that by-law not be harsh, unconscionable or oppressive – whether by-law imposing blanket prohibition on keeping animals contravenes provision – Strata Schemes Management Act 2015 (NSW), s 139(1) STATUTORY INTERPRETATION – use of dictionaries – whether three words comprise a composite statutory criterion WORDS AND PHRASES – “harsh, unconscionable or oppressive” – Strata Schemes Management Act 2015 (NSW), s 139(1)

LAND LAW – Strata title - Strata Schemes Management Act 2015 ss 136, 139, 150 - By-laws – Power to make by-laws – By-law not to be harsh, unconscionable or oppressive – Whether by-law prohibiting the keeping of animals is harsh, unconscionable or oppressive – Proceedings for imposition of civil penalty – Jurisdiction of Appeal Panel in appeal against civil penalty decision

Strata management – by-law excluding pets - refusal to amend or replace with new by-law - SSMA ss 134, 135, 136, 138, 139, 146, 147, 148, 149, 150, 153, 156, 157, 158, 159, 232; 1996 Regulation cll 35, 37, Sch 2, Sch 3.

COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 – special circumstances – statutory construction – complexity of proceedings – issue not previously decided by Appeal Panel – overruling of previous first instance decisions

Separate question orders