OWNERS CORPORATION UNITS PLAN 220 & LINK CORPORATE SERVICES PTY LTD (Civil Dispute)

Case

[2012] ACAT 4

25 January 2012


Details
AGLC Case Decision Date
Owners Corporation Units Plan 220 and Link Corporate Services Pty Ltd (Civil Dispute) [2012] ACAT 4 [2012] ACAT 4 25 January 2012

CaseChat Overview and Summary

Owners Corporation Units Plan 220 commenced proceedings against Link Corporate Services Pty Ltd, seeking to recover costs incurred in rectifying a number of deficiencies in the construction of the residential development. The dispute was heard by the Civil Dispute Resolution Tribunal. The key issue before the Tribunal was whether Link Corporate Services Pty Ltd was liable to Owners Corporation Units Plan 220 for the costs incurred in making the necessary repairs, as well as whether Owners Corporation Units Plan 220 was entitled to recover interest on the unpaid amounts.

The Tribunal found that Link Corporate Services Pty Ltd was indeed liable for the costs associated with rectifying the deficiencies in the construction of the residential development. However, the Tribunal also found that Owners Corporation Units Plan 220 was not entitled to recover interest on the unpaid amounts, as there was no contractual provision entitling them to do so. Taking into account the liability of each party, the Tribunal ordered that Link Corporate Services Pty Ltd pay an amount of $114.71 to Owners Corporation Units Plan 220 within 7 days of the date of the order.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Compensatory Damages

  • Costs

  • Jurisdiction

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