Ridis v Strata Plan 10308

Case [2005] NSWCA 246

Reported Decision:

 63 NSWLR 449

Court of Appeal


CITATION:

Ridis v Strata Plan 10308 [2005] NSWCA 246
HEARING DATE(S):

10 May 2005
 
JUDGMENT DATE: 


1 August 2005

JUDGMENT OF:

Hodgson JA at 1; Tobias JA at 14; McColl JA at 77
DECISION:

Appeal dismissed with costs
CATCHWORDS:

NEGLIGENCE - Personal injury - Occupiers' liability - Breach of duty of care - Nature and extent of owners corporations' statutory duties of maintenance and repair - Resident injured when glass in front door of building shattered over his arm - Whether owners corporation of building under a duty to inspect and replace glass in accordance with current safety standards - Whether s 62 of the Strata Schemes Management Act 1996 imposed on owners' corporation duty to inspect common property over and above that of occupier at common law

LEGISLATION CITED:

Building Units and Groups Titles Act 1980 (Qld)
Conveyancing (Strata Titles) Act 1961
Mines and Quarries Act 1954 (UK)
Occupiers' Liability Act 1985 (WA)
Residential Tenancies Act 1987 (WA)
Strata Schemes (Freehold Development) Act 1973
Strata Schemes Management Act 1996
Strata Schemes Management (Miscellaneous Amendments) Act 1996
Strata Titles Act 1973
CASES CITED:

Abela v Giew (1965) 65 SR (NSW) 485
Ahluwalia v Robinson [2003] NSWCA 175
Aslanidis v Atsidakos (Court of Appeal, unreported 13 February 1989)
Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479
Baker v Gilbert [2003] NSWCA 113
Brodie v Singleton Shire Council; Ghantous v Hawkesbury Shire Council [2001] HCA 29; (2001) 206 CLR 512
Calin v Greater Union Organisation Pty Ltd [1991] HCA 23; (1991) 173 CLR 33
Carre v Owners Corporation - SP 53020 [2003] NSWSC 397; (2003) 58 NSWLR 302
CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384
Francis v Lewis [2003] NSWCA 152
Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33
Grunwick Processing Laboratories Ltd v Advisory Conciliation & Arbitration Service [1978] AC 655
Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614
Hamilton v National Coal Board [1960] AC 633
Haydon v Kent County Council [1978] QB 343
Houghton v Immer (No 155) Pty Ltd (1997) 44 NSWLR 46
Hoyts Pty Ltd v Burns [2003] HCA 61; (2003) 77 ALJR 1934
Humphries v Proprietors Surfers Palms North Group Titles Plan 1955 [1994] HCA 21; (1994) 179 CLR 597
Jacklin v Proprietors of Strata Plan No 2795 [1975] 1 NSWLR 15
Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166
King v Stewart (1994) 85 LGERA 384
Lin v Owners - Strata Plan No 50276 [2004] NSWSC 88; (2004) 11 BPR 21,463
Lubrano v Proprietors of Strata Plan No 4038 (1993) 6 BPR 13,308
Margiz Pty Ltd v Proprietors Strata Plan No 30234 (1993) 30 NSWLR 364
Network Ten Pty Ltd v TCN Channel Nine Pty Ltd [2004] HCA 14; (2004) 78 ALJR 585
O'Connor v SP Bray…

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Details
AGLC
Ridis v Strata Plan 10308 [2005] NSWCA 246
Case
[2005] NSWCA 246
Decision Date

CaseChat Overview and Summary

The appellant, Mr. Ridis, sustained personal injury when the glass in the front door of a strata building shattered, causing him harm. He brought proceedings against the respondent, the owners corporation of Strata Plan 10308, alleging negligence. The matter proceeded to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the owners corporation owed a duty of care to inspect and replace the glass in the common property door in accordance with current safety standards, and whether section 62 of the *Strata Schemes Management Act 1996* (NSW) imposed a duty on the owners corporation to inspect common property that extended beyond the duty of an occupier at common law.

The Court of Appeal considered the nature and extent of the statutory duties of maintenance and repair imposed on owners corporations by the *Strata Schemes Management Act 1996*. It was held that while the Act imposes significant responsibilities for the maintenance and repair of common property, it does not, in itself, create a duty to inspect and upgrade existing structures to meet current safety standards where there was no pre-existing defect or hazard. The common law duty of an occupier to take reasonable steps to prevent foreseeable harm was also considered, but the court found no breach of that duty in the circumstances.

The appeal was dismissed, and the owners corporation was awarded its costs.

Orders

Orders of the court

Appeal dismissed with costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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