Huang & Giang The Owners Strata Plan No.65865 [2021] NSWCATCD 15

Huang & Giang The Owners Strata Plan No.65865 [2021] NSWCATCD 15

The Owners Corporation breached its statutory duty under s.106 of the Strata Schemes Management Act 2015 (NSW) by failing to properly repair the common property, causing reasonably foreseeable loss of rent to the Applicants from water ingress and mould. Applicants claim falls within the two-year limitation period, and compensation for loss of rent is substantiated and mitigated.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Application for Compensation and Repairs (consumer and Commercial Division, NSW Civil and Administrative Tribunal) / Merits Decision
Outcome
Compensation for loss of rent awarded to Applicants; orders made against Respondent.
Legal Topics
['strata Title' 'damages for Loss of Rent' 'duty to Repair Common Property']
['land Law'] ['strata Title' 'damages for Loss of Rent' 'duty to Repair Common Property']

Case Brief

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Procedural Posture

Application for Compensation and Repairs (consumer and Commercial Division, NSW Civil and Administrative Tribunal) / Merits Decision

Legal Issues

  1. 1 ['Whether the Owners Corporation breached statutory duty to repair common property under s.106 of the Strata Schemes Management Act 2015 (NSW)' 'Whether Applicants are entitled to compensation for loss of rent resulting from failure to repair' 'Whether limitation period in s.106(6) bars the claim' 'Whether Applicants properly mitigated their loss']

Ratio Decidendi

The Owners Corporation breached its statutory duty under s.106 of the Strata Schemes Management Act 2015 (NSW) by failing to properly repair the common property, causing reasonably foreseeable loss of rent to the Applicants from water ingress and mould. Applicants claim falls within the two-year limitation period, and compensation for loss of rent is substantiated and mitigated.

Court Disposition

Compensation for loss of rent awarded to Applicants; orders made against Respondent.

Orders

  • ['The respondent is to pay the applicant the sum of $7,730.00 being compensation for loss of rent found to be due to failures to repair the common property.' 'Each party to pay their own costs.']