Maher & Anor v The Owners – Units Plan No 3115 & Ors (Civil Dispute)

This is a case in which Mr and Mrs Maher sought damages in negligence and nuisance against the owners corporation of a strata apartment complex in Canberra. The Mahers' daughter, Ms Maher, and her partner, Mr Smith, sought to join as parties to the application. The tribunal dismissed the application and rejected the applicants' claim for recusal of the senior member. The tribunal was satisfied that the application was lacking in substance and should be dismissed. The applicants' claim for loss of rental income was doomed to fail because Mr Maher had voluntarily reduced his daughter's rent and was under no legal obligation to do so. The claim for loss of the market value of the car spaces lacked any evidentiary basis. Ms Maher's claim for damage to her physical and mental health faced insurmountable obstacles, not least that the tribunal did not have jurisdiction to hear it. The tribunal was satisfied that the applicants' claim was obviously hopeless and untenable or that it could on no reasonable view justify relief. The tribunal was also satisfied that the application for recusal was without merit and should be dismissed.