Thoo v The Owners Strata Plan No. 50276 (No. 2) [2012] NSWSC 1313

Thoo v The Owners Strata Plan No. 50276 (No. 2) [2012] NSWSC 1313

The plaintiff suffered loss as a result of the Owners Corporation’s breach of its duty under Strata Schemes Management Act 1996, s 62(2) by failing to provide reasonable MEVS capacity to Lot 17. Dr Thoo’s loss is quantified as the difference in market rent between MEVS-connected (food-use) and MEVS-unconnected (non-food-use) scenarios, with the period of compensable loss commencing 6 June 2008 (when plaintiff reasserted direct leasing control) until remediation via injunction, quantified at $14,800 per annum plus interest and appropriate future monthly payments until compliance.

Jurisdiction
Australia
Judgment Date
29 October 2012
Procedural Posture
Consequential Orders / Assessment of Damages Following a Principal Judgment
Outcome
Plaintiff entitled to damages for past loss at $14,800 per annum from 6 June 2008 to 29 October 2012, interest, future monthly compensation until compliance, refund of specific levies, costs reserved.
Legal Topics
['strata and Related Titles' 'occupancy' 'breach of Statutory Duty' 'damages Assessment' 'strata Schemes Management Act 1996 (nsw) S 62']
['real Property' 'equity'] ['strata and Related Titles' 'occupancy' 'breach of Statutory Duty' 'damages Assessment' 'strata Schemes Management Act 1996 (nsw) S 62']

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Procedural Posture

Consequential Orders / Assessment of Damages Following a Principal Judgment

Legal Issues

  1. 1 ["Whether the defendant Owners Corporation's breach of Strata Schemes Management Act 1996, s 62(2) caused loss to the plaintiff lot owner" "Quantification of the plaintiff's loss due to such statutory breach" 'Assessment methodology of damages following loss of opportunity']

Ratio Decidendi

The plaintiff suffered loss as a result of the Owners Corporation’s breach of its duty under Strata Schemes Management Act 1996, s 62(2) by failing to provide reasonable MEVS capacity to Lot 17. Dr Thoo’s loss is quantified as the difference in market rent between MEVS-connected (food-use) and MEVS-unconnected (non-food-use) scenarios, with the period of compensable loss commencing 6 June 2008 (when plaintiff reasserted direct leasing control) until remediation via injunction, quantified at $14,800 per annum plus interest and appropriate future monthly payments until compliance.

Court Disposition

Plaintiff entitled to damages for past loss at $14,800 per annum from 6 June 2008 to 29 October 2012, interest, future monthly compensation until compliance, refund of specific levies, costs reserved.

Orders

  • ['Damages for past loss at $14,800 per annum from 6 June 2008 to 29 October 2012' 'Interest on past losses at rates per Civil Procedure Act 2005 (NSW) s 100' 'Future compensation at $14,800 per annum paid monthly ($1,233.33) until injunction compliance' 'Refund of levies paid by the plaintiff since 6 June 2008 to...