Civil and Administrative Tribunal
New South Wales
- Amendment notes
Medium Neutral Citation: Miroforidis v The Owners - Strata Plan No 75809 [2022] NSWCATCD 216 Hearing dates: 24 August 2022 Date of orders: 07 November 2022 Decision date: 07 November 2022 Jurisdiction: Consumer and Commercial Division Before: G Sarginson, Senior Member Decision: (1) By 28 days from the date of this decision The Owners - Strata Plan No 75809 is to pay Nicholas Miroforidis and Alexandra Mirofordis the sum of $24,860.
(2) By 14 days from the date of this decision, the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all submissions and documents on the issue of costs.
(3) By 28 days from the date of this decision, the respondent is to file with the Tribunal and serve on the applicant, by person or by post, all submissions and documents on the issue of costs.
(4) By 35 days from the date of this decision the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all costs submissions in reply.
(5) The costs submissions of each party are to state whether or not the party seeks a further oral hearing on the issue of costs.
(6) Subject to the submissions of the parties, the Tribunal may determine it appropriate to make a costs decision without further oral hearing under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).
(7) If either party seeks an extension of the timetable for costs submissions and documents it must write to the Tribunal and the other party seeking an extension of time no later than the date of its relevant obligation under the procedural timetable.
Catchwords: LAND LAW---Strata title---Failure to keep and maintain common property in a state of good repair---Water ingress into Lot---Damage to Lot property---Whether damage reasonably foreseeable---Failure to mitigate
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Rules 2014 (NSW)
Strata Schemes Development Act 2015 (NSW)
Strata Schemes Management Act 2015 (NSW)
Cases Cited: Islam v Metricon Homes Pty Ltd [2018] NSWCATAP 116
Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313
Rockdale City Council v Micro Developments Pty Ltd [2008] NSWCA 128
Sancher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5
Tezel v The Owners - Strata Plan No 74232 [2022] NSWCATAP 149
The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130
The Owners - Strata Plan No 77559 v Touma; Touma v The Owners - Strata Plan No 77559 [2022] NSWCATAP 186
Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd [1998] HCA 38; (1998) 193 CLR 603
Vickery v The Owners-Strata Plan No 80412 [2020] NSWCA 284
Category: Principal judgment Parties: Nicholas Miroforidis and Alexandra Miroforidis (Applicant)
The Owners-Strata Plan No 75809 (Respondent)Representation: M. Grigoriadis and R. Swan, Agents (Applicant)
L. O’Gorman, Strata Manager (Respondent)
File Number(s): SC 22/21504 Publication restriction:
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- Case
- [2022] NSWCATCD 216
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the respondent had failed in its duty to maintain the common property, leading to the water ingress, and if such damage was reasonably foreseeable. Additionally, the court had to determine if the applicants had taken reasonable steps to mitigate their losses.
The Tribunal found that the respondent did not fulfill its obligation to maintain the common property, resulting in water ingress that caused damage to the applicants' property. The Tribunal concluded that the damage was reasonably foreseeable, and while the applicants took some steps to mitigate their losses, they could have done more. The Tribunal ordered the respondent to pay the applicants $24,860 within 28 days of the decision.
Further orders were made regarding the timeline for the submission of costs documents and submissions between the parties, with the possibility of a costs decision being made without further oral hearing.
Orders
Orders of the court
(1) By 28 days from the date of this decision The Owners - Strata Plan No 75809 is to pay Nicholas Miroforidis and Alexandra Mirofordis the sum of $24,860.
(2) By 14 days from the date of this decision, the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all submissions and documents on the issue of costs.
(3) By 28 days from the date of this decision, the respondent is to file with the Tribunal and serve on the applicant, by person or by post, all submissions and documents on the issue of costs.
(4) By 35 days from the date of this decision the applicant is to file with the Tribunal and serve on the respondent, by person or by post, all costs submissions in reply.
(5) The costs submissions of each party are to state whether or not the party seeks a further oral hearing on the issue of costs.
(6) Subject to the submissions of the parties, the Tribunal may determine it appropriate to make a costs decision without further oral hearing under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW).
(7) If either party seeks an extension of the timetable for costs submissions and documents it must write to the Tribunal and the other party seeking an extension of time no later than the date of its relevant obligation under the procedural timetable.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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