Chang v The Owners Strata Plan No. 92448

Matilda Chang commenced proceedings against The Owners – Strata Plan No. 92448 in the County Court of Victoria. The dispute revolved around the maintenance of common property under a strata title. Chang claimed that the owners of the strata plan breached their obligations to maintain the common property, leading to damage to her apartment. She sought damages for the repairs needed to rectify the damage caused by the alleged breach.

The court had to determine whether the defendants were indeed responsible for the damage to Chang's apartment and, if so, the amount of damages she was entitled to claim. The key issue was whether the defendants breached their obligations under the Strata Title Act by failing to maintain the common property. The court also needed to assess whether the damage was a direct result of this breach and quantify the damages.

In assessing the claim, the court considered evidence from both parties, including expert reports and maintenance records. The court found that the defendants did breach their obligations by failing to maintain the common property, which led to water ingress into Chang's apartment. It concluded that the damage to her apartment was a direct result of this breach and awarded her $12,531.43 in damages. The court ordered the defendants to pay this amount immediately.