All publications relating to ‘Joshua Bernie’
Nicholson v Strata Plan No 104042 –The Validity of Debt Recovery Clauses in By-laws
The recent NSW Civil and Administrative Tribunal decision in Nicholson v The Owners – Strata Plan No 104042 [2025] NSWCATCD 202 provides important guidance on the limits of an owners corporation’s power to pass by-laws regulating short-term rental accommodation in the scheme. More importantly however the decision reinforces a broader principle which…
The Expanding Scope of Developer and Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal’s decision in The Owners Strata Plan No 66375 v King remains one of the most significant authorities on statutory warranties under the Home Building Act 1989 (NSW). The case clarified both the interpretation of section 18B warranties and the breadth of a developer’s liability to…