Keyworth v The Owners - Strata Plan No. 45081

Keyworth v The Owners – Strata Plan No. 45081 was a case heard in the Supreme Court of Victoria. The plaintiff, Keyworth, alleged that the defendant, the Owners – Strata Plan No. 45081, had breached their duty to repair and maintain common property. Specifically, Keyworth argued that the Owners had failed to carry out necessary repairs to a section of the common property, which resulted in damage to Keyworth's unit. The Owners, on the other hand, contended that they had not breached any duty and that any works were authorised by the common property rights by-law.

The primary legal issue before the court was whether the Owners had breached their duty to repair and maintain the common property. Additionally, the court had to determine whether the works in question were authorised by the common property rights by-law. To resolve these issues, the court examined the relevant statutory provisions, case law, and the by-law itself. The court found that the Owners had not breached their duty to repair and maintain the common property, as the by-law authorised the works carried out. Furthermore, the court held that the Owners had acted in accordance with the by-law and had not breached any statutory duty.

The court dismissed the application, finding that the Owners had not breached their duty to repair and maintain the common property. The court ordered that any submissions in support of an application for costs be filed and served by 16 May 2022, with any submissions in response to be filed and served by 30 May 2022. Any submissions in reply were to be filed and served by 6 June 2022. The court further ordered that any such submissions should indicate whether the party accepts that costs should be determined on the papers, without the need for a further hearing.