Wang v The Owners – Strata Plan No. 88789 [2022] NSWCATCD 157

Wang v The Owners – Strata Plan No. 88789 [2022] NSWCATCD 157

The claim for lost rent for 10 to 29 September 2019 was time barred because the Lot Owner became aware of that finite loss when it occurred, more than two years before the application. The claim for lost rent from 16 February 2020 to 2 June 2020 failed because the Owners Corporation reasonably deferred compliance with s 106(1) under s 106(4) while its District Court proceedings against Icon concerning the relevant defects were on foot. After that deferral ended, the Owners Corporation remained under the strict s 106(1) duty, and the evidence established that defective common property waterproofing on and adjacent to Unit 4201 caused flooding and consequent rent reduction, vacancy, and...

Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Application for Damages Under S 106(5) of the Strata Schemes Management Act 2015 (nsw) / Principal Judgment After Special Fixture Hearing
Outcome
The Owners Corporation was ordered to pay Yu Wang $3,604.00 immediately, and the application was otherwise dismissed.
Legal Topics
['common Property' 'maintenance of Common Property' 'breach of Statutory Duty' 'damages' 'limitation Period' 'deferred Compliance']
['land Law' 'strata Title'] ['common Property' 'maintenance of Common Property' 'breach of Statutory Duty' 'damages' 'limitation Period' 'deferred Compliance']

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Procedural Posture

Application for Damages Under S 106(5) of the Strata Schemes Management Act 2015 (nsw) / Principal Judgment After Special Fixture Hearing

Legal Issues

  1. 1 ['Whether the claim for damages was brought within the period permitted by s 106(6) of the Strata Schemes Management Act 2015 (NSW).' 'Whether the Owners Corporation had deferred compliance with s 106(1) in accordance with s 106(4).' 'Whether the Owners Corporation breached its duty to maintain the common property in good and serviceable repair with respect to waterproofing on and adjacent to Unit 4201.' 'What damages, if any, the Lot Owner suffered because of any breach.']

Ratio Decidendi

The claim for lost rent for 10 to 29 September 2019 was time barred because the Lot Owner became aware of that finite loss when it occurred, more than two years before the application. The claim for lost rent from 16 February 2020 to 2 June 2020 failed because the Owners Corporation reasonably deferred compliance with s 106(1) under s 106(4) while its District Court proceedings against Icon concerning the relevant defects were on foot. After that deferral ended, the Owners Corporation remained under the strict s 106(1) duty, and the evidence established that defective common property waterproofing on and adjacent to Unit 4201 caused flooding and consequent rent reduction, vacancy, and...

Court Disposition

The Owners Corporation was ordered to pay Yu Wang $3,604.00 immediately, and the application was otherwise dismissed.

Orders

  • ['The Owners – Strata Plan No. 88789 must pay Yu Wang $3,604.00 immediately.' 'The application is otherwise dismissed.']