Chang v The Owners – Strata Plan No. 92448 [2022] NSWCATCD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chang v The Owners – Strata Plan No. 92448 [2022] NSWCATCD 156 Hearing dates: 12 July 2022 Date of orders: 09 September 2022 Decision date: 09 September 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The Owners – Strata Plan No. 92448 must pay Matilda Chang $12,531.43 immediately. Catchwords: LAND LAW – Strata title – common property – maintenance of common property – breach – damages Legislation Cited: Strata Schemes Management Act 2015 (NSW) – s 106 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 De Soleil v Palmhide P/L [2010] NSWCATT 464 Finn v Finato [2004] NSWCTTT 179 Hadley v Baxendale [1854] EWHC J70 Siewa Pty Ltd v The Owners – Strata Plan 35042 [2006] NSWSC 1157 The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 Category: Principal judgment Parties: Matilda Chang (Applicant) The Owners – Strata Plan No. 92448 (Respondent) Representation: Applicant (self-represented) T Peeka, Strata Manager (Respondent) File Number(s): SC 22/06759 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Matilda Chang (the Lot Owner) for an order pursuant to s 106(5) of the Strata Schemes Management Act 2015 (SSM Act) that would require The Owners – Strata Plan No. 92448 (the Owners Corporation) to pay her damages in the sum of $12,900.00 for lost rental she contends she has suffered as a result of the Owners Corporation's breach of its statutory duty to maintain and keep the common property of the Strata Plan in a state of good and serviceable repair. This application was made to the Tribunal on 15 February 2021 (the application). 2. For the reasons set out following, the Tribunal has determined that the Lot Owner is entitled to the order that will compensate her for lost rent for a period of 204 days between 21 July 2021 and 9 February 2022 in the amount of $12,531.43. The Owners Corporation's only defence to the application is that repairs to the common property were delayed by factors beyond its control, including by its insurer and the effect of COVID-19 Public Health Orders. That defence is no answer to the claim.