Water World Pure Drinking Water Pty Ltd v The Owners - Strata Plan No. 69536

Water World Pure Drinking Water Pty Ltd sought damages from The Owners - Strata Plan No. 69536 for breach of the duty of care owed by the owners corporation to maintain and repair common property. The dispute arose from water damage to Water World's premises located within the strata scheme. The Civil Administrative Tribunal of Queensland was called upon to determine the liability of the owners corporation and the appropriate quantum of damages.

The legal issues before the Tribunal included whether the owners corporation had breached its duty of care under the Strata Schemes Management Act 1996 and, if so, the amount of damages payable to Water World for the loss suffered. The Tribunal needed to consider the extent of the damage, the responsibility of the owners corporation in causing or contributing to the damage, and the financial impact on Water World.

The Tribunal found that the owners corporation was indeed liable for the breach of its duty of care, as it failed to adequately maintain and repair the common property, which led to water leakage and subsequent damage to Water World's premises. In assessing damages, the Tribunal took into account the repair costs, loss of profit, and diminution in value of the premises. The Tribunal held that the owners corporation should compensate Water World for these losses, and set the amount of damages at $81,669.52. The Tribunal also reserved the question of costs and directed the parties to file submissions on the matter within specified timeframes.

The Tribunal ordered that the owners corporation was to pay Water World $81,669.52 within 14 days. It reserved the question of costs and directed the parties to file submissions on the matter within specified timeframes. The submissions were to be limited to a maximum of four pages for the initial submissions and two pages for any replies. This decision underscores the importance of strata owners corporations fulfilling their duty of care to maintain and repair common property to prevent damage to tenants' premises.