98 ALFRED STREET SOUTH MILSONS POINT

LAND LAW – strata title – validity of by-laws – by-law granted exclusive rights to certain lot owners to use parts of common property for car parking – by-law purportedly repealed in 1999 by special resolution of Owners Corporation – no written consent obtained from lot owners concerned prior to repealing the by-law as required by Strata Schemes Management Act 1996 (NSW) (“SSM Act”), s 52(1)(a) – Change of By-Laws recorded on title within two years – proceedings commenced in 2018 to challenge validity of repeal – effect of SSM Act, s 52(3) – conclusive presumption after two years that all conditions and preliminary steps precedent to the making of a repealing by-law have been complied with and performed – requisite consent of owners is a condition or preliminary step precedent to the making of a repealing by-law – proceedings dismissed

REAL PROPERTY - Strata titles - owners corporation's duty to maintain common property - water penetrates plaintiff's apartment in and after episodes of rain - some remedial works undertaken - only partially effective - experts agree on further remedial work to be executed - whether defendant should pay the plaintiff's costs of the proceedings - whether defendant should pay certain of the plaintiff's out of pocket expenses - whether diminution in market value of plaintiff's apartment, if works not carried out.