Recent Cases

The Owners – Strata Plan No 7114 v Northern Beaches Council [2025] NSWCA 197 (28 August 2025) (Ward P, Stern and Free JJA)


Catchwords:


CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees

TORTS — Trespass and private nuisance — Roller door restricting potential incorporation of spaces into public car park — Loss of car park revenue — Substantial and unreasonable interference with rights of access and use – Obligations of owners corporation in respect of common property

LIMITATION OF ACTIONS — Unpaid electricity charges — Whether running account between the parties — Existence of running account not shown — No factual basis to consider different approach to operation of limitations period — Claim out of time