Mawlodi v SRA of NSW

The Supreme Court of New South Wales, Court of Appeal, heard an appeal and cross-appeals in the matter of *Mawlodi v SRA of NSW*. The dispute concerned the interpretation and application of certain provisions within the *Strata Schemes Management Act 2015* (NSW) and the *Strata Schemes Management Regulation 2016* (NSW), specifically in relation to the obligations and liabilities of owners corporations and lot owners.

The primary legal issues before the Court of Appeal were whether the owners corporation had breached its statutory duty to maintain and repair common property, and whether certain lot owners were liable for costs associated with those repairs. The Court was required to consider the scope of the owners corporation's responsibility for common property, the definition of "structural defects," and the circumstances under which individual lot owners could be compelled to contribute to repairs that might be considered part of the common property.

The Court analysed the relevant legislative provisions, focusing on the interplay between the owners corporation's general duty to maintain common property and the specific powers and obligations concerning structural defects. The judges considered the evidence presented regarding the nature of the defects and the actions taken by the owners corporation. The Court affirmed the established legal principles regarding the responsibility for common property and the interpretation of statutory duties, concluding that the owners corporation had not breached its obligations in the manner alleged by the appellant. Furthermore, the Court found that the lot owners were indeed liable for the costs in question, based on the specific circumstances and the relevant legislative framework.

The appeal was dismissed with costs, and the cross-appeals were also dismissed.