Goubran v SP57150: appeal for rectification costs & interest
The Court of Appeal accepted that a District Court judge had failed to determine claims for repair costs and pre-judgment interest arising from a strata water ingress dispute. Despite those errors, leave to appeal was refused because of the small amount in issue, deficiencies in the repair claim and the owner's failure to utilise UCPR r 36.16.
Goubran v SP57150: negligence and s106(6)
The District Court held that an owners corporation was liable in negligence for delaying balcony waterproofing works that caused ongoing water ingress into a lower lot. Although a statutory duty claim was out of time, the lot owner recovered $61,880 for lost rent.
Thompson v SP31007: Exclusive use indemnity clause
The Appeal Panel held that a lot owner could not recover compensation for rooftop structures damaged during roof membrane replacement works. An exclusive use by-law requiring the owner to indemnify the owners corporation extended to damage caused while necessary common property repairs were carried out.
Colman v SP61131: s 106(5) damages & mitigation
The Supreme Court considered whether terrace waterproofing and tiling works carried out without prior approval could later be treated as authorised under a by-law or attract compensation. The Court dismissed the appeal and confirmed important limits on retrospective approval and compensation claims.