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.
Roberto v SP60346 (Tin Shed): costs
The Appeal Panel dismissed a costs application after an appeal had already been dismissed at a callover. Although the appeal appeared weak, the Appeal Panel was not satisfied that it lacked any tenable basis in fact or law or that special circumstances justified a costs order.
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.