1A EASTBOURNE ROAD DARLING POINT

LAND LAW – strata title – common property – duty to repair – breach of duty – damages for breach of duty – causation – determination of cause of loss – action of lot owner altering or repairing common property – ss 106(5) and 232 Strata Schemes Management Act 2015 (NSW)

CIVIL PROCEDURE – Civil and Administrative Tribunal Act s 41 – extension of time for compliance with orders – applicable principles

LAND LAW – strata title – duties of owners corporation – duty to maintain and repair common property – claims for rectification works and damages by lot owner under Strata Schemes Management Act 2015 (NSW), s 106(5) and 232(1) following breach of duty – reasonably foreseeable losses suffered as a result of a contravention of s 106 – lot owner’s raising of justifiable objections to owners corporation’s proposed repair works not amounting to explicit refusal of access did not mean that losses sustained by the lot owner were not suffered as a result of the owners corporation’s contravention of s 106 – lot owner’s actions in proceeding with works affecting common property without the approval of the owners corporation did have the consequence that subsequent losses were not suffered as a result of the owner corporation’s contravention of s 106