Mullen v Owners Corporation SP 15342

Mullen commenced proceedings against the Owners Corporation SP 15342, seeking damages for alleged breaches of statutory duty under the Strata Titles Act 1985, specifically the duty to maintain and repair common property. Mullen claimed that the Owners Corporation failed to address defects in the roof of a unit he purchased, leading to water damage. Mullen sought damages for the cost of repairs and for the diminution in value of his unit.

The court had to determine whether the Owners Corporation breached its statutory duty to maintain and repair common property, whether the breach caused Mullen’s claimed damages, and whether the Civil and Administrative Tribunal (CAT) had jurisdiction to award damages. The court examined the evidence regarding the condition of the roof and the steps taken by the Owners Corporation to address the defects. It considered whether the damages claimed by Mullen were a direct result of the alleged breach and whether the CAT had the authority to award such damages.

The court found that the Owners Corporation had breached its statutory duty by failing to adequately repair the roof. However, the court held that the breach did not cause the water damage to Mullen’s unit, as the evidence indicated that the damage was due to a separate issue unrelated to the roof. Furthermore, the court ruled that the CAT lacked the jurisdiction to award damages for breach of statutory duty, as this was a matter that should be resolved in the Supreme Court. Therefore, the application was dismissed.