The Owners – Strata Plan No 74232 v Tezel

[2023] NSWCA 35

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Strata title
3. › Owners corporation
4. › Maintenance and repair of common property
5. › Breach of obligation to maintain and repair
6. › Action for recovery of loss of rent
7. › Whether action time-barred
8. › Strata Schemes Management Act 2015 (NSW), s 106(5), s 106(6)
1. Limitation of Actions
2. › Statutory limitation period
3. › Strata schemes
4. › When limitation period commences
5. › Whether 'the loss' in s 106(6) refers to kind or type of loss or particular loss claimed
6. › Whether loss recurs on rolling basis during continuing breach
7. › Strata Schemes Management Act 2015 (NSW), s 106(6)
1. Appeal
2. › Appeal from Civil and Administrative Tribunal
3. › Appeal on question of law
4. › Cross-appeal
5. › Whether grounds of cross-appeal raised questions of law
6. › Civil and Administrative Tribunal Act 2013 (NSW), ss 80(2)(b), 83(1)

Quick Take

Lot owners claiming loss of rent (or other loss) from an owners corporation's breach of s 106(1) must commence proceedings within two years of first becoming aware of the kind or type of loss, not two years before the particular loss claimed — awareness of the same type of loss at an earlier date will start the clock running even if the breach is ongoing.