Ridis v Strata Plan 10308

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.