Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507

New South Wales Supreme Court

CITATION : Stolfa v Owners Strata Plan 4366 & ors [2010] NSWSC 1507

HEARING DATE(S) : 15 December 2010

JUDGMENT DATE : 23 December 2010

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

(1) Judgment that second defendants and third defendant pay plaintiff $77,270 (inclusive of interest). DECISION : (2) Judgment that second and third defendants pay first defendant $64,000 (inclusive of interest). (3) Order that first defendant properly maintain and keep in state of good and serviceable repair common property in strata plan by rectifying the defects to the common property identified in the scope of works, and thereby and for that purpose engage a builder other than the third defendant.

CATCHWORDS : REAL PROPERTY – Strata Title – management and control – where lot owner's use of lot causes damages to another lot owner and to walls of other lot being common property – inquiry as to damages – whether first lot owner liable to compensate other lot owner and/or owners corporation to whose lot first owner caused damage – duty of owners corporation to maintain common property

LEGISLATION CITED : (NSW) Strata Schemes (Freehold Development) Act 1973, s 5(2) (NSW) Strata Schemes Management Act 1996, s 62, s 63(5)

CATEGORY : Consequential orders

Owners Strata Plan 35042 v Seiwa Australia Pty Ltd [2007] NSWCA 272 CASES CITED : Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] 12 BPR 23,673, [2006] NSWSC 1157 Symes v Proprietor Strata Plan No 31731 [2001] NSWSC 527

Veronica & Raffaele Stolfa (plaintiffs) PARTIES : Owners Strata Plan 4366 (first defendant) John Hempton & Joanna Kalowski (second defendants) Stephen Hempton (third defendant)