NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v The Owners – Strata Plan No. 88789 [2022] NSWCATCD 157 Hearing dates: 19 April 2022 Date of orders: 07 September 2022 Decision date: 07 September 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The Owners – Strata Plan No. 88789 must pay Yu Wang $3,604.00 immediately. (2) The application is otherwise dismissed. Catchwords: LAND LAW – Strata title – common property – maintenance of common property – breach – damages – whether damages claim is out of time – whether compliance with duty to maintain the common property in good and serviceable repair has been deferred Legislation Cited: Strata Schemes Management Act 2015 (NSW) – s 106 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 Hadley v Baxendale [1854] EWHC J70 Siewa Pty Ltd v The Owners – Strata Plan 35042 [2006] NSWSC 1157 Tezel v The Owners – Strata Plan No 74232 [2022] NSWCATAP 149 The Owners - Strata Plan No 33368 v Gittins [2022] NSWCATAP 130 Wardley Australia Ltd [1991] FCAFC 314 (1991) 30 FCR 245 Category: Principal judgment Parties: Yu Wang (Applicant) The Owners – Strata Plan No. 88789 (Respondent) Representation: Applicant (self-represented)
Counsel: A Power (Respondent)
Solicitor: J S Mueller & Co (Respondent) File Number(s): SC 21/45413 Publication restriction: Nil
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