Rosenthal v The Owners – SP 20211 [2017] NSWCATCD 80 (29 August 2017)

Tribunal Awards Lot Owner Damages for Breach of Owners Corporation’s Duty to Maintain and Repair Common Property under Section 106 of the Strata Schemes Management Act 2015

In this case the NSW Civil and Administrative Tribunal held that it had jurisdiction to award damages for breach of statutory duty under section 106 of the Strata Schemes Management 2015 by the owners corporation and that there is no jurisdictional limit imposed on the order making power of the Tribunal under this section.

The Tribunal held:

“114. I am therefore satisfied that the Tribunal has the jurisdiction to make an order for payment of damages for breach by an Owners Corporation of the statutory duty imposed by s 106. It is noted in passing that there is no jurisdictional limit imposed on the order making power of the Tribunal under this section. Although other legislation does impose an upper limit on the Tribunal’s order making powers in some matters dealt with by the Consumer and Commercial Division of the Tribunal (eg residential tenancy, home building) it is unlimited in others (eg retirement villages). The capacity of the Tribunal to make unlimited orders on application under s 106(5) is therefore entirely consistent with the Tribunal’s wider powers.

151. As I have determined that the Tribunal may order damages for the reasons already stated I am satisfied that an order should be made in favour of the applicants in the sum claimed, being $8,793.49″. 

Only time will tell if the owners corporation will appeal this decision to the Appeal Panel of the Tribunal.

Please note that the information contained in this article is not legal advice and should not be relied upon.  You should obtain legal advice before you take any action or otherwise rely on the contents of this article.