#51419
Austman
Flatchatter

    More details of the event are needed.

    But negligence of the OC/BC has to be established for it to be legally liable.  Eg if the OC/BC knew there was a common property defect but failed to address it, that would be negligence.  If the failure of the OC/BC to maintain common property to the required standard caused the event, that would be negligence.  But if the event occurred without the OC/BC’s prior knowledge of any defect, that’s unlikely to be negligence.  So it really depends on the details of the event.  And to make it even more complex, there can situations where contributing negligence means partial liability…

    Insurance is another matter.  The OC/BC’s compulsory strata building insurance might cover some of the damage caused by the event regardless but that in itself doesn’t make the OC/BC legally liable.   If the OC/BC is found to be legally liable, it’s strata liability insurance will hopefully will cover all of the damage else they would have to pay for it themselves.

    Lot contents are never covered by OC/BC compulsory strata building insurance unless the OC/BC is found to be legally liable. That means lot carpet, curtains, furniture etc and tenant accommodation are not covered.  Loss of rent might be covered by some policies.

    So I’m not sure the OC/BC would always lose at a Tribunal/Court.  It really depends on the details of the event and the circumstances around it.