Sultan v The Owners of Strata Plan 4382

The case of Sultan v The Owners of Strata Plan 4382 involved the applicant, Sultan, seeking compensation for damages caused by a leaking water pipe in a strata property. The dispute was heard by the New South Wales Civil and Administrative Tribunal (NCAT). The primary issue was whether the leaking pipe was the responsibility of the individual lot owner or the body corporate, and if the body corporate was liable, what amount of compensation was owed to the applicant.

The tribunal examined the definition of "personal property" under section 130 of the Strata Schemes Management Act 2015 (NSW), determining that the water pipe in question was part of the common property. The tribunal also considered the special by-laws of the strata scheme, which required the body corporate to maintain and repair common property. The tribunal concluded that the leaking pipe was within the scope of the body corporate's responsibilities and that the body corporate had breached its duty of care by failing to address the issue in a timely manner. As a result, the tribunal ordered the body corporate to pay the applicant $1,660.00 within 14 days. The application was dismissed in all other respects.