The Owners Corporation - Units Plan No 107 v Perkins (Unit Titles)

The Owners Corporation - Units Plan No 107 brought an action against Perkins, a unit owner, in the Civil and Administrative Tribunal of New South Wales. The dispute centred around water damage caused by egress from the respondent’s bathroom to the slab, resulting in damage to the slab, neighbouring units, and other common areas of the complex. The Tribunal was required to determine whether the respondent was responsible for the damage and, if so, what orders should be made to remedy the situation.

The central legal issue before the Tribunal was whether the respondent had a duty to prevent water egress from his bathroom and, if so, what steps he should take to remedy the situation. The Tribunal considered the relevant legislation, case law, and the facts of the case. It found that the respondent had a duty to maintain his bathroom in a manner that did not cause damage to the common areas of the complex. The Tribunal also found that the respondent had breached this duty by failing to maintain the tiling, grouting, and sealing in his bathroom in a manner that ensured water egress was unlikely to cause damage.

The Tribunal ordered that the respondent take steps to remedy the situation within 90 days of the date of the order. The respondent was required to ensure that appropriate work was undertaken by appropriately licensed or qualified tradespeople to a professional standard. The Tribunal also ordered that the respondent provide a report to the Owners Corporation confirming that the bathroom was water resistant to an acceptable standard, that any risk of water egress had been minimised, and how long the remedy was likely to last. These orders were made to ensure that the respondent fulfilled his duty to prevent water egress from his bathroom and to remedy any damage caused by such egress.