Oberto Pty Ltd v The Owners – Strata Plan No 2004 No 2

[2026] NSWCATCD 24

NCAT Consumer and Commercial Division

Built by Barristers,
For Australian Law.

1. Land Law
2. › STRATA MANAGEMENT
3. › incidence and content of owners corporation’s strict duty to maintain and repair common property
4. › meaning of maintain and repair - lot owner’s claim for alleged damage from alleged breach of duty and reimbursement for works to common property
5. › owners corporation’s strict liability for independent contractors - approval of works
6. › by-law inconsistent with duty
7. › Strata Schemes Management Act 2015 (NSW) ss 106, 108-110, 127, 232, 270
1. Costs
2. › ordinary basis
3. › follow the event or issue based
4. › voluntary payment of part of claim after commencement of proceedings
5. › Calderbank offers inclusive of costs for balance of claim