Castro v the Owners Unit Plan No 246

The parties involved in this case were Castro and the Owners Unit Plan No 246. Castro filed a lawsuit against the Owners Unit Plan No 246, alleging that electrical cables in the roof space of a property were damaged by rodents, resulting in significant repair costs. The dispute was brought before the Civil and Administrative Tribunal of New South Wales. The primary issues before the court were whether the roof space constituted common property, whether the electrical cables were for the sole benefit of Castro, and whether the owners corporation was negligent in its pest control measures on the common property. Additionally, the court had to determine if the owners corporation was aware of the pest problem on the common property.

The court began by examining the definition of common property and whether the roof space fell within that category. It was noted that the roof space was an integral part of the building and, therefore, considered common property. The court then assessed whether the electrical cables were for the sole benefit of Castro. It found that the cables served the entire building and not just Castro’s unit, thus they were not for the sole benefit of the applicant. The tribunal further evaluated the evidence presented regarding the owners corporation's pest control efforts and whether they had been negligent. It concluded that the evidence did not support a finding of negligence on the part of the owners corporation.

Consequently, the court dismissed Castro's application, ruling that the owners corporation was not liable for the damages caused by the rodent infestation. The tribunal held that the roof space was common property and the electrical cables were not exclusively for Castro's benefit, thus absolving the owners corporation from responsibility. No further orders were made as the application was dismissed outright.