STRATA TITLES – claim for breach of duty to maintain and keep in good repair the common property – s 106(1) of the Strata Schemes Management Act – whether common property memorandum or bylaw exempted owners corporation from the claim – whether the Tribunal had power under s232 of the SSMA to order the owners corporation to rectify damage to lot owners property – whether breach of s106(1) established -whether causation established APPEAL – error of law – new hearing pursuant to s 80(3) of the Civil and Administrative Tribunal Act

Mastellone v The Owners-Strata Plan No 87110 [2021] NSWCATAP 188 (25 June 2021)