Liberant v The Owners - Strata Plan No. 62713

Liberant initiated legal proceedings against The Owners - Strata Plan No. 62713, asserting breaches of the Strata Schemes Management Act 1996 (NSW) by the owners corporation in failing to maintain and repair common property. The dispute was heard in the New South Wales Civil and Administrative Tribunal. The primary issue before the court was whether the owners corporation had a legal obligation to maintain and repair the common property, and if so, what remedies were available to the applicant if those obligations were breached. The court also had to determine its jurisdiction to award damages or compensation for such breaches.

The court found that the owners corporation indeed had a statutory duty to maintain and repair the common property. The owners corporation failed to meet this obligation, resulting in significant damage to the applicant's lot. The court considered statutory provisions such as sections 90(2), 104, 106, 122, 124, and 232 of the SSMA. The court held that the owners corporation was liable for the damage caused by its failure to repair, and that the tribunal had the jurisdiction to award compensation for such breaches. The tribunal ordered the owners corporation to pay Liberant $55,510.12 by 27 March 2020, and granted leave to renew proceedings for the appointment of a compulsory strata manager under certain conditions. The tribunal also ordered the owners corporation to pay Liberant's costs and directed that any payment under the orders be made from contributions from levies on all lots in the strata scheme other than Liberant's lot.