SLATTERY & ACTEW CORPORATION PTY LTD (Energy and Water)

The applicants, Slatery and ACTEW Corporation Pty Ltd, were before the court in a dispute over water consumption charges. Slatery, a unit owner in a strata titled complex, was being pursued by ACTEW Corporation for unpaid water consumption charges that were accrued by the previous owners of the unit. The dispute centred on who was liable for these charges: whether it was the current owner, Slatery, or the Owners Corporation, which manages the common property in the complex. The matter was heard in the Australian Capital Territory Civil and Administrative Tribunal.

The central legal issue before the court was determining the liability for water consumption charges accrued by previous owners in a strata titled complex. The court needed to consider the obligations and responsibilities of unit owners and the Owners Corporation in relation to water supply and consumption charges. This included examining the provisions of the Strata Schemes Management Act 1996 and understanding the contractual relationship between unit owners, the Owners Corporation, and the utility provider.

The court found that under the Strata Schemes Management Act, unit owners are liable for water supply charges, while the Owners Corporation is responsible for the water consumption charges. The Owners Corporation is responsible for recovering these consumption charges from the unit owners. The court held that Slatery, as the current owner of the unit, was not liable for the water consumption charges accrued by the previous owners. However, the Owners Corporation was responsible for paying the charges to the utility provider. Consequently, the tribunal ordered the Owners Corporation to pay the utility provider $1072.00 within three months. The tribunal also allowed the members of the Owners Corporation to relist for resolution of any internal disputes arising from this decision within the same timeframe.