Beck & Anor v Owners Corporation Strata Plan No. 64622 [2009] NSWSC 962

New South Wales Supreme Court

CITATION : Beck & Anor v Owners Corporation Strata Plan No. 64622 [2009] NSWSC 962

HEARING DATE(S) : 10/09/09

JUDGMENT DATE : 16 September 2009

JUDGMENT OF : Forster J at 1

DECISION : See paragraph 40 of judgment.

CATCHWORDS : Strata Schemes Management Act - obligations on owners corporation under section 62 to properly maintain and keep in a state of good and serviceable repair common property - owners corporation brings proceedings against builders for defective balustrades on balconies - individual owner seeks damages against owners corporation for breach of obligations imposed by section 62 - query whether bringing and prosecuting action against builder satisfies the owners corporations obligations under section 62. Strata Schemes Management Act - application by owners corporation to stay individual owner's proceedings against it - whether individual owner must first exhaust his or her remedies by proceeding under Chapter 5 of the Act - does the Tribunal have power to award damages - exercise of discretion - no assertion of abuse of process or of prejudice to owners corporation - individual owner's proceedings not stayed.

Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Home Building Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW)

CATEGORY : Procedural and other rulings

General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125 Owners Strata Plan 30695 v Strata Corp. [2005] NSWSC 405 CASES CITED : Seiwa Pty Ltd v Owners Corporation Strata Plan 35042 [2006] NSWSC 1157 Stolfa v Owners Strata Plan 4366 [2009] NSWSC 589 Westpoint Management Limited v Chocolate Factory Apartments Limited [2007] NSWCA 253