Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507

Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507

The second and third defendants, whose building works to their lots caused damage to the plaintiffs' lot and to common property, are liable to compensate the plaintiffs for reasonable costs of rectification of damage to Unit 2, including associated removalist and accommodation costs, and are also liable to indemnify the owners corporation for rectification of common property as required under the Strata Schemes Management Act 1996 (NSW). The owners corporation is ordered to repair the common property; defendants are ordered to pay relevant damages.

Parties
Plaintiffs: Veronica Stolfa & Raffaele Stolfa; First Defendant: Owners Strata Plan 4366; Second Defendants: John Hempton & Joanna Kalowski; Third Defendant: Stephen Hempton
Jurisdiction
Australia
Judgment Date
23 December 2010
Procedural Posture
Equity Division Consequential Orders / Judgment After Inquiry as to Damages Following Principal Judgment
Outcome
Judgment for plaintiffs and for owners corporation against second and third defendants in specified sums; mandatory order for repairs to common property.
Legal Topics
Management and Control of Strata Schemes, Damages for Property Damage, Duty to Repair Common Property, Liability for Nuisance
Real Property Strata Title Management and Control of Strata Schemes Damages for Property Damage Duty to Repair Common Property Liability for Nuisance

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Parties

Veronica Stolfa & Raffaele Stolfa

Plaintiffs

Owners Strata Plan 4366

First Defendant

John Hempton & Joanna Kalowski

Second Defendants

Stephen Hempton

Third Defendant

Procedural Posture

Equity Division Consequential Orders / Judgment After Inquiry as to Damages Following Principal Judgment

Legal Issues

  1. 1 Whether lot owners (the second and third defendants) are liable to compensate another lot owner for damage caused by works to their own lots
  2. 2 Whether defendants must indemnify the owners corporation for cost of repairing common property
  3. 3 Whether the owners corporation has a duty to maintain and repair common property damaged by works of lot owners

Ratio Decidendi

The second and third defendants, whose building works to their lots caused damage to the plaintiffs' lot and to common property, are liable to compensate the plaintiffs for reasonable costs of rectification of damage to Unit 2, including associated removalist and accommodation costs, and are also liable to indemnify the owners corporation for rectification of common property as required under the Strata Schemes Management Act 1996 (NSW). The owners corporation is ordered to repair the common property; defendants are ordered to pay relevant damages.

Court Disposition

Judgment for plaintiffs and for owners corporation against second and third defendants in specified sums; mandatory order for repairs to common property.

Orders

  • Second defendants and third defendant to pay plaintiffs $77,270 (inclusive of interest).
  • Second and third defendants to pay first defendant (owners corporation) $64,000 (inclusive of interest).