The Thoo case has effectively stopped all s62 claims in its tracks, yet I believe the misrepresentation on behalf of the judges was unintentional and over-reaching as it included residents who are affected by very dangerous issues such as crumbling walls, leaks, broken windows, concrete cancer etc. This case was after all about an air-conditioner, not about the wellbeing of any resident within a disfunctional scheme.
Now people can only turn to the CTTT (the Clown Factory) where the most you can hope for is a puny fine! There is now absolutely no incentive for an OC to protect residents/owners within a Strata Scheme.
I believe everyone’s response seems to forget damages are no longer obtainable under s62, even if the OC are negligent.
Hopefully the Dr Thoo will appeal to the High Court and restore the protections afforded to NSW citizens (and all other Australians, let’s not forget a NSW precedent can be used in other states) for this ruling is unjust.
Until that happens, the 3 judges should be ashamed of themselves as they have erred in their ruling by failing to establish what exactly isn’t required under s62.
All Strata Lawyers have basically had their client list almost totally depleted due to this case, something I am sure Makinson d’Apice are only all to aware of.