Campbell v The Owners Strata Plan No 88807

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Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: CAMPBELL v THE OWNERS STRATA PLAN NO 88807 [2024] NSWCATCD 50
Hearing dates: 22 April 2024 with written submissions to 6 June 2024
Date of orders: 27 August 2024
Decision date: 27 August 2024
Jurisdiction:Consumer and Commercial Division
Before: G K Burton SC, Senior Member
Decision:

1 Application dismissed.

2 Order as follows in respect of questions of costs:

(1) Any costs application with further submissions and documents relating to questions of costs (including any application for a further hearing on costs) is to be filed and served on or before 10 September 2024.

(2) Any submissions and documents relating to questions of costs in response are to be filed and served on or before 24 September 2024.

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – content of owners corporation’s strict duty of maintenance and repair – alleged loss of rent from alleged breach – not established on facts

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Civil and Administrative Tribunal Rules 2014 (NSW)

Strata Schemes Management Act 2015 (NSW)

Cases Cited:

Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25

Barwick v Shetab [2017] NSWCATAP 127

Bellgrove v Eldridge (1954) 90 CLR 613, [1954] HCA 36

Bonita v Shen [2016] NSWCATAP 159

Carli v Owners SP 56120 [2018] NSWCATCD 55

Catapult Constructions PL v Denison [2018] NSWCATAP 158

Collins v Urban [2014] NSWCATAP 17

Cominos v Di Rico [No 2] [2016] NSWCATAP 138

Commonwealth v Amann Aviation PL (1991) 174 CLR 64

Downer EDI Rail PL v John Holland PL [2018] NSWSC 326

El-Wasfi v NSW; Kassas v NSW (No 2) [2018] NSWCA 27

Fligg v Owners SP 53457 [2021] NSWSC 230

Glenquarry Park Investments PL v Hetyesi [2019] NSWSC 425

GPM Constructions PL v Baker [2018] NSWCATAP 119

Hamod v NSW [2011] NSWCA 375

Hanave PL v Wine Nomad PL [2022] NSWCATAP 361; [2023] NSWSC 265

Hazeldene's Chicken Farm PL v Victorian Workcover Authority (No 2) (2005) 13 VR 435, [2005] VSCA 298

Hyder Consulting (Australia) PL v Wilh Wilhemsen Agency PL [2001] NSWCA 313

Johnson t/as One Tree Constructions v Lukeman [2017] NSWCATAP 45

Karakominakis v Big Country Developments PL [2000] NSWCA 313

Latoudis v Casey (1990) 170 CLR 534

Liberant v Owners SP 62713 [2019] NSWCATCD (29 January 2020)

Maister v Owners SP 95230 [2022] NSWCATCD (10 October 2022)

McCue v Owners SP 3844 [2021] NSWCATCD 35

Marr v JCK Building Solutions PL [2018] NCATCD, unreported, 4 December 2018, HB 16/43946

Mastelltone v Owners SP 87110 [2021] NSWCATAP 188

Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120

Mummery v Irvings PL (1956) 96 CLR 99, [1956] HCA 45

Nicita v Owners SP 64837 [2010] NSWSC 68

Oppidan Homes PL v Yang [2017] NSWCATAP 67

Oshlack v Richmond River Council (1998) 193 CLR 72

Owners SP 21563 v Rutherford [2023] NSWCATAP 326

Owners SP 36613 v Doherty [2021] NSWCATAP 285

Owners SP 50276 v Thoo [2013] NSWCA 270

Owners SP…

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Details
Case
[2024] NSWCATCD 50
Decision Date

CaseChat Overview and Summary

The case involved a dispute between a tenant, Mr. Campbell, and the Owners Corporation for Strata Plan No 88807. Mr. Campbell alleged that the Owners Corporation had breached its duty of care by failing to maintain the property, resulting in significant financial loss due to lost rental income. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary issues were whether the Owners Corporation had breached its duty of maintenance and repair and, if so, whether Mr. Campbell had suffered financial loss as a result of the alleged breach.

The tribunal examined the evidence and found that the Owners Corporation had fulfilled its duty of maintenance and repair by addressing the issues that were raised. It was determined that the Owners Corporation had acted reasonably in managing the maintenance of the property and that Mr. Campbell had not provided sufficient evidence to establish his claim of financial loss due to the alleged breach. The tribunal concluded that the Owners Corporation did not breach its duty and, as such, Mr. Campbell's claim for financial loss was not substantiated.

In light of the findings, the tribunal dismissed Mr. Campbell's application and ordered that any further submissions and documents relating to questions of costs must be filed and served by specific dates. The tribunal reserved the right to make further orders regarding costs at a later date.

Orders

Orders of the court

1 Application dismissed.

2 Order as follows in respect of questions of costs:

(1) Any costs application with further submissions and documents relating to questions of costs (including any application for a further hearing on costs) is to be filed and served on or before 10 September 2024.

(2) Any submissions and documents relating to questions of costs in response are to be filed and served on or before 24 September 2024.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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