› Amendment of party name — correction of misnomer after determination
Water Law
› Unreasonable flow of water
› Damages under s 16 Water Act 1989 (Vic)
Damages
› Interest
› Damages in the nature of interest — calculation period — penalty interest rate
Owners Corporations
› Common property
› Liability for water damage from blocked stormwater pit
Quick Take
1Under s 127 of the VCAT Act, a misnomer in a party's name (here, omission of '1' from the owners corporation designation) may be corrected after determination where the amendment corrects a mistake in description rather than substituting a different party identity.
2Damages in the nature of interest under s 19(3)(ab) of the Water Act 1989 are appropriately calculated from the date of commencement of the proceeding to the date of the damages assessment, applying the penalty interest rate; there is no basis to award interest for the period between incurring loss and commencing the proceeding, consistent with the approach under s 60(1) of the Supreme Court Act 1986.
3An owners corporation manager appointed as agent binds the owners corporation in tribunal proceedings; the owners corporation's complaint that its manager failed to communicate or acted outside authority is a matter between those entities and does not deny procedural fairness afforded by the Tribunal.
