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@Austman said:
I can’t see this matter has anything to do with contract law.Damage was being caused to private and/or common property by water. The owner of the private property or the Owners Corporation took steps to investigate the cause of the damage. It turned out that the damage was being caused by an other owner’s private property.
Common Law would suggest that those that suffered the damage have a right to claim costs against those that caused the damage?
I am not suggesting this has anything to do with contract law. I make that clear in my concluding paragraph in my post. I said to the op: “But it doesn’t seem you have to worry about that.”
The High Court case I referred to in my post considers legal principles applicable to the law of restitution. In absence of any legally binding contract referred to in my post (which appears to be the case for the op), then one would generally only be able to recover money spent on the said repairs under the law of restitution. However, as the High Court made clear in that case, a person who spends money carrying out work to someone else’s property cannot be reimbursed for the expenditure they incurred carrying out that work by the owner of that property, unless, at the bare minimum, the person from whom the reimbursement is sought made a request that work to be carried out. It seems that, in the op’s case, he/she did not make any such request, and hence, is not liable to reimburse the owners corporation of the expenditure it incurred for repairing the op’s lot property.
Have a read of the case.
