Shum v Owners Corporation SP30621

The case of Shum v Owners Corporation SP30621 involved Albert Shum, a lessee of a unit in a strata titled building, who brought proceedings against the Owners Corporation SP30621, the body corporate for the building. Shum alleged that the corporation had failed to repair and maintain the building in accordance with statutory obligations, resulting in significant damage to his unit. The dispute was heard and determined in the Civil and Administrative Tribunal of New South Wales.

The primary legal issues before the Tribunal were whether it had jurisdiction to award damages for the breach of statutory duties, the strictness of the duty to repair and maintain, the interpretation of exculpatory clauses, and the burden of proof in establishing the breach of statutory duty. Shum argued that the corporation's failure to repair and maintain the building constituted a breach of statutory duty, while the corporation contended that it had fulfilled its obligations under the Strata Schemes Management Act 1996 (NSW). The Tribunal had to decide whether the corporation's actions amounted to a breach of statutory duty, and if so, whether Shum was entitled to damages.

The Tribunal found that it did have jurisdiction to award damages for breach of statutory duty and that the duty to repair and maintain was strict. It determined that the corporation had indeed breached its statutory duty to repair and maintain the building, despite the corporation's argument that it had fulfilled its obligations. The Tribunal held that the corporation was liable for the damages caused to Shum's unit. The exculpatory clauses in the corporation's by-laws were found to be ineffective in absolving the corporation from its statutory duty to repair and maintain the building. The burden of proof was placed on Shum to demonstrate that the corporation had failed to comply with its statutory duty, which he successfully did.

The Tribunal ordered the Owners Corporation SP30621 to pay Albert Shum the sum of $55,943.24 within 7 days of the date of the order, covering the cost of repairing the damage to his unit and compensating for other losses.