Capstone Strata Pty Ltd
Licence: 10124850
13
Properties
925
Total Lots
624
Residential
12
Suburbs
Disputes & Tribunal Cases
6 published court/tribunal decisions across 3 managed properties
Cases from NCAT, Supreme Court, Land & Environment Court, and other NSW courts and tribunals involving properties managed by Capstone Strata Pty Ltd.
Ceerose Pty Ltd v The Owners – Strata Plan No 89074
SP89074 · 141-143 ELIZABETH STREET SYDNEY, SYDNEY
CONTRACTS — remedies — damages — mitigation of loss — whether conduct was unreasonable in the circumstances such that some or all of the claimed loss should be disregarded — legal and evidentiary onus on the party asserting a failure to mitigate — no “positive obligation” to provide builder an opportunity to rectify damage — invocation of a “shifting” or “tactical onus” misconceived and should be avoided CIVIL PROCEDURE — alternative dispute resolution — court referral to referee — claimed denial of procedural fairness — no procedural unfairness established
[2025] NSWCA 235
The Owners – Strata Plan No 89074 v Ceerose Pty Ltd
SP89074 · 141-143 ELIZABETH STREET SYDNEY, SYDNEY
BUILDING AND CONSTRUCTION – claim for breach of statutory warranties under Home Building Act 1989 (NSW) – proceedings on foot for 8 years – before the Court on 52 occasions – parties reach agreement ‘in principle’ for builder to rectify defects but no final agreement reached more than a year later – owner refuses access to builder to rectify defects – referral to engineer/barrister – 13-day reference – referee provides liability and quantum reports totalling 440 pages. REFEREE – reference made to facilitate just, quick and cheap resolution – principles at [5]-[9] – whether to adopt report – principles at [10]-[14] – whether interests of justice served. MITIGATION – obligation on plaintiff to act reasonably – principles and case law review at [38]-[53] – Owners v Di Blasio Constructions considered – whether plaintiff owes duty to allow builder to minimise its damages. SCOTT SCHEDULES – history and purpose – amendment, at [114]-[118] – whether referee made ruling that defects not in Scott Schedule would not be considered – whether referee denied natural justice by considering defects not in Scott Schedule.
[2024] NSWSC 1494
The Owners – Strata Plan No 89074 v Ceerose Pty Ltd & Anor
SP89074 · 141-143 ELIZABETH STREET SYDNEY, SYDNEY
CIVIL PROCEDURE – direction to serve expert evidence – guillotine order – affidavit served 17 business days after due date – whether plaintiff should have leave to rely on the affidavit – whether prejudice to defendant demonstrated
[2020] NSWSC 854
Source: NSW Caselaw. Only published decisions are shown. Many disputes are resolved privately or through mediation and will not appear here. A case involving a managed property does not necessarily reflect on the manager's performance.