Shih v The Owners - Strata Plan No 87879

In the Civil and Administrative Tribunal of New South Wales, the case of Shih v The Owners – Strata Plan No 87879 was heard. The applicants, Susan Shih, Virginia Shih, and Emiliano Shih, sought damages against the respondent, The Owners-Strata Plan No 87879, which is the body corporate responsible for the strata plan. The applicants claimed that the respondent had failed to address a defect in their unit, which led to water damage. The respondents denied liability, asserting that they had taken appropriate steps to remedy the issue.

The legal issues that the Tribunal was required to decide included whether the respondent had breached its duty of care to the applicants by not adequately addressing the defect and whether the applicants' claims for damages were justified. The Tribunal also needed to determine whether the respondent's actions in pursuing legal proceedings against the builder constituted a valid defence against the applicants' claims.

The Tribunal found that the respondent had indeed breached its duty of care by not addressing the defect in a timely manner, resulting in damage to the applicants' unit. The Tribunal rejected the respondent's argument that its pursuit of legal action against the builder was a valid defence, holding that the respondent was still liable for the damage caused by the defect. The Tribunal concluded that the applicants were entitled to compensation for the damage caused by the water leak. The Tribunal ordered the respondent to pay the applicants the sum of $542.86 immediately, and dismissed the application in all other respects.