Symes v The Proprietors Strata Plan No 31731

The appellant, Ms Symes, appealed to the Court of Appeal of New South Wales against a decision of the Strata Titles Board concerning water penetration from her lot into a common property area and an adjoining lot. The dispute centred on the responsibility for rectifying the damage caused by the water penetration, which originated from a dividing wall between Ms Symes' lot and the common property. The Strata Titles Board had made findings of fact regarding the source of the water and the nature of the damage.

The primary legal issues before the Court of Appeal were whether the Strata Titles Board had erred in its findings of fact, particularly in relation to the origin of the water penetration and the classification of the damaged wall as common property. A further issue arose concerning the extent to which the court could determine questions not explicitly raised in the stated case presented to the court, and whether the Strata Titles Board had acted appropriately in making findings on matters not canvassed in the initial proceedings.

The Court of Appeal considered the principles governing appeals by way of a stated case, noting that the court is generally confined to the questions of law set out in the case. However, the court also examined whether it could address issues that arose from the stated case itself, even if not explicitly formulated as questions. The court referenced the decision in *Coulton v Holcombe* regarding the limitations on a court's power to decide questions not presented in the stated case. The court ultimately found that the Strata Titles Board had made findings of fact that were not supported by the evidence presented and that the stated case was insufficient to allow the court to definitively determine the responsibility for rectification.

The Court of Appeal allowed the appeal in part, setting aside the orders of the Strata Titles Board and remitting the matter back to the Board for further hearing and determination according to law.