191-195 WALKER STREET NORTH SYDNEY

STRATA TITLES – Duty of Owners’ Corporation to maintain common property in Strata Schemes Management Act 1996 s 62(1) – Ingress of water through exterior walls caused damage to carpet in August 2003, ineffective repairs were arranged by Owners’ Corporation, dampness and water leaks in 2005 and 2006, flooding in June 2007, extensive interior damage, tenant left, premises uninhabitable from about August 2006 – Many calls for action by Owners’ Corporation and no effective response – Claim for damages and mandatory injunction – Owners’ Corporation joined Insurer in Cross-claim but discontinued during hearing – HELD – Mandatory Injunction appropriate, damages awarded, Seiwa Pty Limited v Owners Strata Plan 35042 [2006] NSWSC 1157 applied.

STRATA TITLES – Common property – Whether waterproof membrane under tiles on uncovered terrace is common property or property of lot owner – Whether lower boundary of cubic space of lot is upper surface of concrete slab or upper surface of tiles on top of slab – Where lower boundary not specified by registered strata plan – Where tiles laid prior to registration of strata plan – Strata Schemes (Freehold Development) Act 1973 ss 5(1), 5(2), 8(1) – DAMAGES – Breach of statutory duty – Loss of rent – Principles – Wrongdoer must take his victim as he finds him