The Owners - Strata Plan No 14120 v McCarthy (No.2)

The Owners - Strata Plan No 14120 (the Owners) brought proceedings against Mr. McCarthy concerning alleged breaches of his obligations as a lot owner under the *Strata Schemes Management Act 2015* (NSW) and the Owners Corporation's by-laws. The dispute centred on Mr. McCarthy's alleged failure to maintain his lot in a proper and tenantable condition, leading to damage to common property and other lots. The matter came before Dowdy J in the Supreme Court of New South Wales.

The primary legal issues before the Court were whether Mr. McCarthy had breached his statutory duty to maintain his lot, whether his conduct constituted a nuisance to other lot owners, and what orders, including the payment of damages and injunctive relief, were appropriate to remedy these breaches. The Court also considered the interpretation and application of specific by-laws governing the maintenance and use of lots within the strata scheme.

Dowdy J found that Mr. McCarthy had indeed breached his obligations. The Court applied the principles of strata law, emphasising the duty of lot owners to maintain their property so as not to cause damage or nuisance to others. Evidence presented demonstrated that the disrepair of Mr. McCarthy's lot had directly caused water ingress and damage to common property and adjoining lots. The Court considered the concept of nuisance in the context of strata living, where the cumulative effect of individual lot owner conduct can impact the amenity and enjoyment of the strata scheme as a whole.

The Court ordered Mr. McCarthy to undertake specific repairs to his lot within a defined timeframe and to pay damages to the Owners Corporation for the costs incurred in rectifying the damage to common property. Injunctive relief was also granted to prevent further breaches of the by-laws and statutory obligations.