Icon Water Limited v The Owners Units Plan No. 711 and No. 725 (Appeal)

In the matter of Icon Water Limited versus The Owners Units Plan No. 711 and No. 725, the Appeal Tribunal was called upon to address the dispute concerning the ownership of a sewerage pipe situated in an easement over certain units, and whether Icon Water Limited, as the successor of ACTEW, was liable for a blockage in the sewerage pipe. The original dispute arose when Icon Water Limited, in its capacity as the water utility provider, sought to enforce a nuisance application against the unit owners to address a blockage in the sewerage pipe. The unit owners contested Icon Water Limited's claim of ownership over the sewerage pipe, arguing that they had not been informed of such ownership, and that the pipe was instead owned by ACTEW.

The Appeal Tribunal was tasked with determining several legal issues, including whether Icon Water Limited was the rightful owner of the sewerage pipe in the easement over the units, and whether ACTEW had ever accepted ownership of the pipe. Additionally, the Tribunal had to ascertain if Icon Water Limited was responsible for the blockage in the sewerage pipe and whether the unit owners were liable for any costs associated with rectifying the blockage. The Tribunal also needed to decide whether the unit owners had been properly informed of Icon Water Limited's ownership of the sewerage pipe.

The Appeal Tribunal found that Icon Water Limited was not the owner of the sewerage pipe in the easement over the units, as it was owned by ACTEW. The Tribunal held that Icon Water Limited had failed to establish that ACTEW had accepted ownership of the pipe, and that there was no evidence to support the notion that the unit owners were ever informed of Icon Water Limited's claim to ownership. Consequently, the Tribunal determined that Icon Water Limited was not responsible for the blockage in the sewerage pipe, and that the unit owners were not liable for any costs associated with rectifying the blockage. As a result, the Appeal Tribunal set aside the orders made on 28 October 2014 by the original Tribunal for application XD 13/1016 and dismissed the application in its entirety.