Carli v Owners SP 56120

Carli v Owners SP 56120 involved a dispute between the applicant, Mr Carli, and the respondent, Owners SP 56120, over the adequacy of remedial works performed by the respondent on common property of a strata scheme. Mr Carli alleged that the respondent had not fulfilled its duty under the Strata Schemes Management Act 2015 to ensure that the remedial works were adequate, particularly concerning water ingress into his unit. The case was heard and determined in the Supreme Court of Queensland.

The court was tasked with deciding whether the respondent had adequately performed its duties under the Act by ensuring the remedial works were satisfactory and whether the respondent had complied with a previous court order to appoint an independent expert. Additionally, the court had to determine whether the respondent was liable to pay Mr Carli for damages incurred due to the ingress of water into his unit and for loss of use during the remedial works.

The court found that the respondent had not fulfilled its statutory obligations by failing to ensure that the remedial works were adequate. The court also found that the respondent had not complied with the previous court order to appoint an independent expert to report on the adequacy of the works. The court held that the respondent was liable to compensate Mr Carli for the damages to his unit and for the loss of use during the remedial works. As a result, the court made several orders, including that the respondent must direct an independent expert to report on the adequacy of the remedial works, contract with suitably qualified contractors to rectify the damage, and pay Mr Carli the sum of $50,839.23 forthwith and $3910.71 per month until the remedial works are completed. The application was otherwise dismissed, and the parties were required to submit written submissions on the issue of costs if they wished to be heard on that matter.