The Court held that the 2025 amendment extending the limitation period under s 106(6) of the Strata Schemes Management Act 2015 from two to six years does not operate retrospectively to revive a claim already time-barred under the former provision, applying Rodway v R on the basis that the amendment affects existing substantive rights (the right to be free of a claim) rather than mere procedure. On the negligence claim, the Court found the owners corporation breached its duty of care by failing to act promptly to remediate the waterproofing of the balcony above the plaintiff's unit after receiving the Landlay report on 4 April 2022, holding that a reasonable owners corporation would have completed the work within approximately six weeks of that report rather than the approximately two and a half years actually taken. Damages were assessed at $61,880 representing lost rent at $700 per week from 14 May 2022 to 23 January 2024.
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