Ross v Owners of Strata Plan 63477

The case of *Ross v Owners of Strata Plan 63477* concerned a dispute between a lot owner, Mr. Ross, and the owners corporation of his strata scheme. Mr. Ross sought to recover damages from the owners corporation for alleged breaches of its statutory duty to maintain and repair common property. The dispute centred on the condition of the common property, specifically a balcony and associated structures, and the owners corporation's response to issues raised by Mr. Ross. The matter came before the Supreme Court of New South Wales.

The primary legal issues before the Court were whether the owners corporation had breached its statutory duty under the *Strata Schemes Management Act 1996* (NSW) to maintain and repair the common property, and if so, whether Mr. Ross was entitled to damages for those breaches. This involved determining the scope of the owners corporation's obligations, the standard of care required, and the causal link between any breaches and the loss suffered by Mr. Ross.

The Court considered the evidence regarding the condition of the common property and the actions taken by the owners corporation. It was held that the owners corporation had a continuing statutory duty to maintain and repair the common property, which included ensuring it was in a state of good repair and decorative order. The Court found that the owners corporation had failed to adequately address the issues with the balcony and associated structures, thereby breaching its statutory obligations. The Court also considered the principles of causation and remoteness in relation to the damages claimed by Mr. Ross.

The Court ultimately found in favour of Mr. Ross, ordering the owners corporation to pay damages for the breaches of its statutory duty.