Shousha v The Owners Strata Plan 2657 [2021] NSWCATCD 6

Shousha v The Owners Strata Plan 2657 [2021] NSWCATCD 6

Applicant failed to prove an agreement existed for reimbursement for Lot 1 windows; insufficient evidence to support claims for car space, personal items, or loss of rental; for Lot 2, respondent must replace all windows and frames and remove and reinstate security bar grills and fly screens as part of its maintenance obligations.

Parties
Applicant: Samir Shousha; Respondent: The Owners Strata Plan 2657
Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Application / Final Orders and Reasons for Decision
Outcome
Application partly succeeded; Lot 2 window replacement ordered; remainder of application dismissed.
Legal Topics
Common Property Maintenance, Reimbursement Claims, Compensation for Loss, Rectification Orders
Strata Title Law Common Property Maintenance Reimbursement Claims Compensation for Loss Rectification Orders

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Parties

Samir Shousha

Applicant

The Owners Strata Plan 2657

Respondent

Procedural Posture

Application / Final Orders and Reasons for Decision

Legal Issues

  1. 1 Whether the owners corporation failed to maintain and repair common property windows under the Strata Schemes Management Act 2015 (NSW)
  2. 2 Whether the applicant is entitled to reimbursement for window replacement payments
  3. 3 Responsibility for removal and reinstatement of security bar grills and fly screens

Ratio Decidendi

Applicant failed to prove an agreement existed for reimbursement for Lot 1 windows; insufficient evidence to support claims for car space, personal items, or loss of rental; for Lot 2, respondent must replace all windows and frames and remove and reinstate security bar grills and fly screens as part of its maintenance obligations.

Court Disposition

Application partly succeeded; Lot 2 window replacement ordered; remainder of application dismissed.

Orders

  • The respondent at its own cost is to remove all existing windows and associated security bar grills and fly screens from lot 2 and replace with new aluminium windows to new frames and reinstate the removed security bar grills and fly screens.
  • In complying with Order 1, the respondent is to engage properly qualified and licensed tradespersons, commence the work within 6 weeks of these orders taking effect and complete the work within 2 weeks of commencement.