Osborne v The Owners Strata Plan No 13516 (No 2)

The dispute between Mr. Osborne and The Owners Strata Plan No 13516 involved allegations that the owners corporation failed to properly maintain and repair the common property of a strata scheme, resulting in damage to Mr. Osborne's lot. The case was heard in the NSW Civil and Administrative Tribunal, with Mr. Osborne as the applicant and the owners corporation as the respondent. The primary issue was whether the owners corporation breached its statutory duties to maintain and repair the common property and if it was liable for damages, including loss of rent and other expenses incurred by Mr. Osborne. Another legal question was whether a successful lot owner should be exempt from contributing to any levy for damages and costs awarded to an unsuccessful owners corporation.

The Tribunal found that the owners corporation did breach its statutory duties by failing to properly maintain and repair the common property, which led to damage to Mr. Osborne's lot. The Tribunal held that the owners corporation was liable for damages, including loss of rent and other expenses. However, the Tribunal ruled that Mr. Osborne was not exempt from contributing to any levy for damages and costs payable to the owners corporation by an unsuccessful lot owner. The Tribunal determined that the appropriate amount for the respondent to pay the applicant was $4,752.00 immediately, and 50% of the applicant's costs of the proceedings, excluding certain costs. The Tribunal dismissed the proceedings otherwise.

The orders made by the Tribunal included that the respondent pay the applicant $4,752.00 immediately and 50% of the applicant's costs of the proceedings, excluding certain costs. The Tribunal also provided a procedure for varying the costs order, including deadlines for filing and serving submissions and evidence. Additionally, the Tribunal required the parties to indicate whether they consented to an order dispensing with an oral hearing of the costs application and, if not, to submit reasons why a hearing should be conducted rather than the application being determined on the papers.