Nicole Stanton v The Owners of Strata Plan 60724 [2010] NSWSC 175

Nicole Stanton v The Owners of Strata Plan 60724 [2010] NSWSC 175

While the Magistrate erred in finding the cross claim statute barred, the cross claimant failed to establish breach of statutory duty or negligence, as well as failed to provide evidence on causation or quantum of damages; therefore, the appeal must be dismissed and the original orders affirmed.

Parties
First Plaintiff: Nicole Stanton; Second Plaintiff: Denis Olender; Third Plaintiff: Steven Olender; Defendant: The Owners of Strata Plan No 60724
Jurisdiction
Australia
Judgment Date
12 March 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; lower court's orders affirmed; summons dismissed; costs reserved.
Legal Topics
Strata Schemes, Limitation of Actions, Breach of Statutory Duty, Negligence, Damages, Appeal on Question of Law
Civil Law Property Law Strata Schemes Limitation of Actions Breach of Statutory Duty Negligence Damages Appeal on Question of Law

Case Brief

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Parties

Nicole Stanton

First Plaintiff

Denis Olender

Second Plaintiff

Steven Olender

Third Plaintiff

The Owners of Strata Plan No 60724

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Magistrate erred in finding the cross claim statute barred under the Limitation Act 1969
  2. 2 Whether the Magistrate erred in concluding that the defendant did not breach statutory duties under the Strata Schemes Management Act 1996
  3. 3 Whether the evidence before the court established breach, negligence or quantum of damages

Ratio Decidendi

While the Magistrate erred in finding the cross claim statute barred, the cross claimant failed to establish breach of statutory duty or negligence, as well as failed to provide evidence on causation or quantum of damages; therefore, the appeal must be dismissed and the original orders affirmed.

Court Disposition

Appeal dismissed; lower court's orders affirmed; summons dismissed; costs reserved.

Orders

  • The orders of her Honour Magistrate O'Shane dated 8 April 2009 are affirmed.
  • The appeal is dismissed.