![]() This ability to claim in negligence was considered in the recent Supreme Court of NSW decision of McDonough v The Owners – Strata Plan No. However, Thoo left the possibility open that a lot owner may make a claim in negligence against an owners corporation for its failure to maintain and repair its common property. The Thoo Effect – Other Available Claims for Lot Owners The High Court approved this decision by refusing special leave to appeal in Thoo v Owners – Strata Plan No 50276 & Ors HCASL 79. It is also authority that a lot owner is not entitled to damages for breach of an owners corporation’s statutory duty under section 62 (the NSW equivalent to ACT’s section 24) to maintain and repair common property. Thoo reiterated the principle that an owners corporation holds the common property on trust for lot owners. ![]() Whilst the case is a NSW case, the application of the legal principles involved is likely to be a guide to ACT courts and tribunals who are faced with cases with similar circumstances. The ability of a lot owner to sue for damages has been limited in the light of the decision of the NSW Court of Appeal in The Owners Strata Plan 50276 v Thoo NSWCA 270 ( Thoo). Section 24 of the Unit Titles (Management) Act 2011 (ACT) establishes the strict liability of an owners corporation to maintain and repair its common property. ![]()
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