I hope that's not the case, because with regard to my original post /forum/common-property/damage-to-parked-vehicle-in-basement-carpark/ , and in the absence of any advice to the contrary, I'm going to rely upon that ruling of the NSW Supreme Court to lodge a Statement of Claim against my Owners Corporation.
The basis of my Claim is going to be that as my Owners Corporation was aware of the problem of carpark leachate, but didn't undertake the Common Property Risk Assessment that was twice minuted in AGM Papers, and instead admitted that it relied upon residents to report leachate problems that it would then address; that places it in breach of its statutory responsibilities under S62(1) of the SCMA.
Even though the other Visitors' Parking Spaces in my Plan are regularly occupied by the same vehicles day-in and day-out and the O/C has done nothing to stop that, and that none of those Spaces is identified in any way, I plan to acknowledge that I shouldn't have parked in the Visitors' Space even for 15 hrs, and that I'm reducing the amount of my Claim in an effort to show “reasonableness” even though S62(1) imposes strict liability for my car's damage upon the O/C.
Any comments on the legal opinions of a Chartered Engineer and part-time Strata Manager would be most welcome?