7 CROSS STREET BANKSTOWN

PRACTICE AND PROCEDURE – Application for costs – applicability of r 38 of the Civil and Administrative Tribunal Rules where challenge to an award for damages is withdrawn but appeal continues in respect of other relief – partial success in appeal – allowance in respect of successful challenge concerning transfer of common property

LAND LAW – Strata Scheme – subdivision and transfer of common property – agreement to transfer – common property – agreement to grant of exclusive use rights – enforceability of agreement – certificate issued under Strata Schemes Development Act – conclusive evidence – when certificate operates – power of Tribunal to determine dispute concerning transfer of common property – power of Tribunal to make orders for the registration of an exclusive use by-law. LAND LAW – Strata schemes –power of the Tribunal to make order under the Strata Schemes Management Act excluding a successful lot owner from being levied in respect of an award of damages and costs – operation of ss 90 and 104 of the Strata Schemes Management Act – scope of power under s 232 of the Strata Schemes Management Act.

Administrative Law – Civil & Administrative Tribunal (NSW) Appeal – application for stay pending appeal – refused – exercise of discretion