The Court held that breach of the Strata Schemes Management Act 1996 s 62(2) duty to renew and replace common property fixtures gives rise to a private cause of action for damages by a lot owner, rejecting the Owners Corporation's reliance on obiter dicta in Ridis suggesting otherwise. On the facts, the plaintiff lot owner established on the balance of probabilities a marginal annual rental loss of $14,800 attributable to the Owners Corporation's failure to provide adequate mechanical exhaust ventilation, based on expert evidence demonstrating a measurable difference between market rentals for MEVS-connected food retail outlets and MEVS-unconnected non-food outlets. Rather than awarding lump sum future damages or dissolving the existing mandatory injunction, the Court ordered ongoing monthly compensation of $1,233.33 payable until the Owners Corporation completed the works required by the injunction.
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