Wang v The Owners Strata Plan No. 88789

The matter involved Yu Wang, the plaintiff, and The Owners Strata Plan No. 88789, the defendant, who were in dispute over the maintenance of common property within a strata titled property. The plaintiff alleged that the defendant had breached its duty to maintain the common property in good and serviceable repair, leading to damage to the plaintiff's unit. The dispute was heard in the Local Court of New South Wales.

The primary legal issue before the court was whether the plaintiff's claim for damages was out of time and whether the defendant had deferred compliance with its duty to maintain the common property in good and serviceable repair. The court needed to determine whether the plaintiff's claim was valid and if the defendant's actions constituted a breach of its statutory obligations under the Strata Schemes Management Act 1996 (NSW).

In delivering the judgment, the court held that the plaintiff's claim for damages was not out of time as the defendant had deferred compliance with its duty to maintain the common property. The court found that the defendant had not maintained the common property in good and serviceable repair, leading to the damage to the plaintiff's unit. The court further held that the defendant's actions constituted a breach of its statutory obligations under the Strata Schemes Management Act 1996 (NSW). Consequently, the court ordered the defendant to pay the plaintiff $3,604.00 immediately. The application was otherwise dismissed.