Body Corporate for Amity v Keating

Body Corporate for Amity, acting as the owner of the common property in a strata scheme, brought proceedings against Keating, a lot owner, for costs incurred in repairing damage to the common property. The dispute centred around whether the body corporate was entitled to recover the repair costs from Keating under section 379 of the Body Corporate and Community Management Act 1997 (Qld). The case was heard in the Queensland Civil and Administrative Tribunal. The primary legal issue was whether the body corporate could claim the repair costs from Keating under section 379 of the Act. This section allows the body corporate to apply to the Tribunal for an adjustment order if a lot owner fails to pay for works carried out on the common property. The body corporate argued that it was entitled to recover the costs from Keating, as he had failed to pay for the repairs despite being liable under the Body Corporate and Community Management Act 1997 (Qld). Keating, on the other hand, contended that he was not liable for the costs as he had not caused the damage. The Tribunal found that the body corporate was entitled to recover the repair costs from Keating. The Tribunal held that the body corporate was entitled to recover the repair costs from Keating under section 379 of the Act, as he had failed to pay for the works carried out on the common property despite being liable under the Act. The Tribunal set aside the judgment given on 18 December 2012 and granted liberty to apply for any further orders or directions. The Tribunal's decision provides guidance on the circumstances in which a body corporate can recover repair costs from a lot owner under section 379 of the Act.