CLARK and the Owners of Waterfront Mews ­ Strata Plan 14082

The plaintiffs in this case, CLARK and the Owners of Waterfront Mews Strata Plan 14082, brought an action against the defendant, seeking a declaration as to the extent of the obligation to keep swimming pools in good and serviceable repair. The case was heard by the Supreme Court of New South Wales. The plaintiffs argued that the defendant had failed to maintain the swimming pools within the strata plan in a serviceable condition and had instead kept them closed for extended periods.

The legal issues before the court were whether the defendant was obligated to maintain the swimming pools in a serviceable condition, and if so, whether it was within their control and management for the pools to be closed for extended periods. The court had to determine whether the defendant's decision to keep the pools closed constituted a breach of the strata plan or any other relevant legislation or common law principles.

The court found that the defendant did have an obligation to maintain the swimming pools in a serviceable condition, as per the strata plan and relevant legislation. However, the court also found that it was within the defendant's control and management to keep the pools closed for extended periods, provided that they gave reasonable notice to the owners and took reasonable steps to protect the pools during the closure. The court held that the defendant's decision to keep the pools closed for extended periods did not constitute a breach of the strata plan or any other relevant legislation or common law principles, as long as they followed the procedures outlined above.

The court granted the application and made a declaration as to the extent of the defendant's obligation to maintain the swimming pools in a serviceable condition. The court also found that the defendant's decision to keep the pools closed for extended periods was not a breach of the strata plan or any other relevant legislation or common law principles, provided that they followed the procedures outlined above.