Jankovic v Owners - Strata Plan 21894

The case before the court involved a claim brought by Mr Jankovic against the Owners Corporation of Strata Plan 21894. The plaintiff alleged that he had suffered injuries due to a failure in the electrical system of a common area in the strata scheme. The crux of the dispute was whether the owners’ corporation had properly maintained the electrical system, and whether their system of inspection and repair was reasonable. The case was heard in the District Court of New South Wales.

The primary legal issues that the court had to decide included whether the owners’ corporation was negligent in maintaining the electrical system, whether the corporation had a reasonable system of inspection and repair, and if the plaintiff's injuries were a direct result of this negligence. Additionally, the court had to determine the onus of proof, specifically whether the plaintiff had proven his case on the balance of probabilities. The court also had to consider whether the plaintiff's claim for gratuitous domestic assistance met the threshold for damages.

The court found that the owners’ corporation had implemented a reasonable system of inspection and repair for the electrical system. It was determined that the plaintiff had not discharged the onus of proof, as the evidence did not establish on the balance of probabilities that the injuries were due to negligence on the part of the corporation. The court found that the plaintiff’s claim for gratuitous domestic assistance did not satisfy the threshold for damages. Consequently, the court ruled in favour of the defendant and ordered that the plaintiff pay the defendant's costs. The exhibits were to be retained by the court for 28 days and then returned to the parties.