STRATA TITLE – awarding damages to a lot owner for breach of the statutory duty in s 106(1) of the Strata Schemes Management Act 2015 – duty to properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation – – whether the Tribunal had power under s232 of the SSMA to order the owners corporation to rectify damage to lot owner’s property – whether breach of s106(1) established – whether works to common property and repair to lot property can be order in the absence of an occupation certificate under the Environmental Planning and Assessment Act 1979 (NSW).
APPEAL – question of law – adequacy of reasons

The Owners – Strata Plan No 77559 v Touma; Touma v The Owners – Strata Plan No 77559 [2022] NSWCATAP 186 (07 June 2022)