Gisks v The Owners - Strata Plan No 6743

Frances Cameron brought proceedings against the Owners – Strata Plan No 6743, alleging that her smoking on the balcony and in the bedrooms of her apartment caused damage to her apartment and its fixtures and fittings. The dispute was heard and determined in the Queensland Civil and Administrative Tribunal. The primary issue for determination was whether Ms Cameron's smoking activities constituted a hazard and nuisance to other owners within the strata scheme. In determining this, the Tribunal examined the extent of the damage caused by Ms Cameron's smoking, the impact of the smoke on other owners and their properties, and whether the damage was reasonably foreseeable.

The Tribunal found that Ms Cameron's smoking activities constituted a hazard and nuisance under the Strata Schemes Management Act. The Tribunal considered that the damage caused by Ms Cameron's smoking was extensive and that the impact of the smoke on other owners and their properties was significant. The Tribunal also found that the damage was reasonably foreseeable, given the evidence of the extent of the damage and the impact of the smoke on other owners and their properties. As a result, the Tribunal ordered that Ms Cameron must not smoke on the balcony or in the bedrooms of her apartment and must close all exterior doors and the bedroom 1 window, the bedroom 2 window and the bathroom window when smoking in her apartment.