Proprietors of Strata Plan 17226 v Drakulic

The Proprietors of Strata Plan 17226 (the Owners Corporation) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the liability of the Owners Corporation for injuries sustained by Mr Drakulic, who was assaulted on common property within the strata scheme. Mr Drakulic had sued the Owners Corporation for negligence, alleging a breach of its duty of care.

The central legal issue before the Court of Appeal was whether the Owners Corporation owed a duty of care to Mr Drakulic to prevent him from being assaulted by a third party on the common property. This required the court to consider the application of the principle established in *Modbury Triangle Shopping Centre Pty Ltd v Anzil* (2001) 205 CLR 254, which generally limits the liability of landowners for the criminal acts of third parties. The court had to determine if the circumstances of this case fell within any exceptions to that general rule, particularly concerning the Owners Corporation's control over the common property and any knowledge it may have had of potential risks.

The Court of Appeal, applying the principles from *Modbury Triangle*, held that the Owners Corporation did not owe a duty of care to protect Mr Drakulic from the criminal act of a third party. The court reasoned that the Owners Corporation's duty of care did not extend to preventing all foreseeable criminal acts by third parties on common property, especially where there was no specific or heightened risk that the Owners Corporation was aware of or had control over. The court distinguished the present case from situations where a landowner might be liable for creating or exacerbating a risk of harm.

The appeal was allowed, and the judgment in favour of Mr Drakulic was set aside.