Reply To: Question of the Week: Can committee members be held responsible for bad decisions?

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09/08/2026 at 10:24 am #84920
Jimmy-T
Keymaster
Chat-starter

    Quoting directly from the Bannermans Lawyers summary of the Silberstein case, which was heard by the NCAT appeals tribunal:

    The Tribunal can award damages in relation to loss caused by failure by an owners corporation to comply with its statutory duty to maintain and repair common property under Section 106(5) of the Strata Schemes Management Act 2015 (“Act”) and this can extend to temporary accommodation costs and loss of amenity.

    So, yes, you go through the Tribunal processes which in NSW is compulsory mediation (in a case like this) then an application to the Tribunal.  However, bear in mind that even the NCAT Appeals board does not create solid legal precedents.

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