› Flat Chat Strata Forum › Common Property › Dispute over strata plumber bill. › Current Page
@nathanthiessen said:
Almost two weeks later, we have received the invoice from the strata for this call out. My question is, are we responsible for this invoice? We did not call the plumber and no repairs were carried out. We only provided assistance by allowing access to our unit at 11pm. Your help in this matter would be greatly appreciated.
Most likely not. See Lumbers v W Cook Builders Pty Ltd (In Liq) [2008] HCA 27 at [80] where the majority of the High Court in that case quoted the following passage from an English case:
“The general principle is, beyond all question, that work and labour done or money expended by one man to preserve or benefit the property of another do not according to English law create any lien upon the property saved or benefited, nor, even if standing alone, create any obligation to repay the expenditure. Liabilities are not to be forced upon people behind their backs any more than you can confer a benefit upon a man against his will.”
The story, however, is different if the owners corporation can establish that there was a legally binding contract between you and the owners corporation that required you to reimburse the owners corporation’s expenditure for the said call out. But it doesn’t seem you have to worry about that.