Davis v The Owners – Strata Plan No 63429 [2017] NSWCATCD 7

Davis v The Owners – Strata Plan No 63429 [2017] NSWCATCD 7

The Tribunal found that the glass sliding doors, tracks, and related elements to Lot 18 are common property under the strata plan, for which the Owners Corporation is responsible for maintenance and repair under section 62 of the Strata Schemes Management Act 1996. The evidence did not support that the appellant's renovations caused or contributed to the water ingress. The Tribunal preferred the appellant's engineering evidence over the respondent's. Accordingly, the Adjudicator's orders dismissing the application were revoked, and the Owners Corporation was ordered to carry out all repairs necessary to prevent water ingress into the main bedroom of Lot 18.

Parties
Appellant: Anne Davis; Respondent: Owners Corporation SP63429
Jurisdiction
Australia
Judgment Date
31 January 2017
Procedural Posture
Appeal / Final Decision on Appeal
Outcome
Appeal allowed; Adjudicator's orders set aside and substituted.
Legal Topics
Common Property, Repairs and Maintenance, Procedural Fairness, Strata Schemes, Owners Corporation Liability
Strata Law Property Law Administrative Law Common Property Repairs and Maintenance Procedural Fairness Strata Schemes Owners Corporation Liability

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Parties

Anne Davis

Appellant

Owners Corporation SP63429

Respondent

Procedural Posture

Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the glass sliding doors and tracks to Lot 18 are common property for which the Owners Corporation is responsible for maintenance and repair
  2. 2 Whether the appellant's renovations in 2010 caused or contributed to the water ingress problem
  3. 3 Whether procedural fairness was denied by the Adjudicator allowing submissions in reply by the respondent

Ratio Decidendi

The Tribunal found that the glass sliding doors, tracks, and related elements to Lot 18 are common property under the strata plan, for which the Owners Corporation is responsible for maintenance and repair under section 62 of the Strata Schemes Management Act 1996. The evidence did not support that the appellant's renovations caused or contributed to the water ingress. The Tribunal preferred the appellant's engineering evidence over the respondent's. Accordingly, the Adjudicator's orders dismissing the application were revoked, and the Owners Corporation was ordered to carry out all repairs necessary to prevent water ingress into the main bedroom of Lot 18.

Court Disposition

Appeal allowed; Adjudicator's orders set aside and substituted.

Orders

  • The appeal is allowed.
  • The Adjudicator's orders of 21 April 2016 dismissing the appellant's application are revoked.