McCue v The Owners Strata Plan No 3844 [2021] NSWCATCD 35

McCue v The Owners Strata Plan No 3844 [2021] NSWCATCD 35

The Owners Strata Plan No 3844 breached its statutory duty under s 106(1) of the SSMA by failing to repair cracks to the common property bathroom wall of Lot 1. The applicant suffered loss due to this breach and is entitled to reimbursement for repair costs. The evidence supports making a remedial order limited to works specified in the engineering report for the bathroom wall and damages for previous repairs to the kitchen wall.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Strata Scheme Dispute / Principal Judgment
Outcome
Remedial order granted and damages awarded to applicant
Legal Topics
['repair of Common Property' 'breach of Duty Under Strata Legislation' 'remedial Orders' 'damages for Breach of Statutory Duty']
['strata Title' 'property Law'] ['repair of Common Property' 'breach of Duty Under Strata Legislation' 'remedial Orders' 'damages for Breach of Statutory Duty']

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Procedural Posture

Strata Scheme Dispute / Principal Judgment

Legal Issues

  1. 1 ['Has the owners corporation breached its duty under s 106(1) of the Strata Schemes Management Act 2015 (NSW)?' 'Are remedial orders appropriate for repair of common property walls?' 'Is reimbursement for repair works recoverable as damages for breach of statutory duty?']

Ratio Decidendi

The Owners Strata Plan No 3844 breached its statutory duty under s 106(1) of the SSMA by failing to repair cracks to the common property bathroom wall of Lot 1. The applicant suffered loss due to this breach and is entitled to reimbursement for repair costs. The evidence supports making a remedial order limited to works specified in the engineering report for the bathroom wall and damages for previous repairs to the kitchen wall.

Court Disposition

Remedial order granted and damages awarded to applicant

Orders

  • ['The Owners Strata Plan No 3844 is to repair cracks to the common property bathroom wall of Lot 1 by the installation of helifix ties, localised replacement of cracked tiling, raking and repointing, render removal and replacement, and localised waterproofing as specified in the engineering scope of works. Work to...