Qe Family Pty Ltd trustee v Proprietors of Strata Plan 48462

Qe Family Pty Ltd (the applicant) sought orders against the Proprietors of Strata Plan 48462 (the respondent) in the Supreme Court of New South Wales. The dispute concerned the applicant's entitlement to a lot within the strata plan and the respondent's alleged failure to properly maintain and repair common property, specifically a balcony and associated structural elements. The applicant sought orders for the respondent to carry out necessary repairs and to compensate the applicant for loss and damage suffered as a result of the alleged breaches.

The primary legal issues before the Court were whether the respondent had breached its statutory obligations under the *Strata Schemes Management Act 2015* (NSW) to maintain and repair common property, and if so, what relief the applicant was entitled to. This involved determining the extent of the respondent's duty of care regarding the structural integrity of the common property and the causal link between any breaches and the damage suffered by the applicant.

Justice Tracey Berger found that the respondent had failed to meet its obligations under the Act. The Court accepted evidence that the balcony and its supporting structure were common property and that the respondent had been aware of, or ought to have been aware of, the need for repairs. The Court applied the principles of statutory interpretation to the *Strata Schemes Management Act 2015* (NSW), emphasizing the broad duty placed upon owners corporations to maintain and repair common property for the benefit of all lot owners. The Court considered expert evidence regarding the condition of the balcony and the necessary remedial works.

The Court ordered the respondent to carry out the specified repairs to the balcony and associated structural elements within a defined timeframe. The respondent was also ordered to pay the applicant a sum for the loss and damage suffered, including costs associated with temporary repairs and inconvenience.