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Thoo v Owners – Strata Plan No 50276 [2014] HCASL 79

The High Court of Australia has refused the owners corporation’s application for special leave to appeal the NSW Court of Appeal’s decision of The Owners Strata Plan 50276 v Thoo [2013] NSWCA 270 which held, amongst other things, that:

(a) common property fixtures or fittings must be renewed or replaced under s 62(2) of the Strata Schemes Management Act 1996 (“SSMA”) only when they are no longer operating effectively or have fallen into disrepair to the point where their renewal or replacement is required, as they can no longer be kept in a state of good and serviceable repair pursuant to s 62(1) of the SSMA; and

(b) an owners corporation’s breach of section 62 of the SSMA does not give rise to an action for damages for breach of statutory duty under section 62.

Interestingly, the High Court of Australia declined to express its view about whether the reasoning of the NSW Court of Appeal on the question of damages for breach of statutory duty was right.

Ramifications of the High Court’s Refusal to Grant Special Leave on Lot Owners

In view of the the High Court of Australia’s refusal to grant special leave to appeal, the NSW Court of Appeal’s decision stands.

If you have any queries in relation to the above, please do not hesitate to contact our specialist strata lawyer Michael Pobi on (02) 8710 3430. Alternatively, you can e-mail him at

The information in this articles is correct as at 30/04/2014. This document is not legal advice and should not be relied upon. You should seek legal advice regarding any of the issues referred to.