Adrian Mueller, JS Mueller & Co Lawyers

The Supreme Court recently ordered a lot owner who succeeded in litigation against an owners corporation to pay the owners corporation’s legal costs. This is one of the first times a litigant has been punished by an adverse costs order for approaching the Supreme Court for relief which could have been given by NCAT.

Maysaa Parrino & Nick Ikners, Project Lawyers

Project Lawyers successfully obtained orders from the Court requiring a respondent (dissenting lot owner) in strata renewal proceedings to prepare and serve evidence of the respondent’s compensation claim, with the Court finding that it was a fundamental requirement for an applicant to know the respondent’s position on compensation early in the proceedings. 

NSW Legislation Update

The NSW Government has released the Home Building Amendment (Cladding) Regulation 2018. If the external cladding of a building is found (or likely) to cause a fire threat to the building & its occupants, this defect is regarded as a major defect in residential building work and the extended warranty period under the Home Building Act 1989 applies. Under the new Regulation, it will no longer be necessary to establish that the cladding concerned is a major element of the building. The full legislation can be viewed at the above link.