#20387

In NSW this has already been the subject of authoritative consideration: see Ridis v Strata Plan 10308 [2005] NSWCA 246

 

Ridis was a case in which the front door of an apartment block comprised two doors, each containing a single pane of ordinary annealed (as distinct from safety) glass, which had been etched. The building was a security block requiring keyed entry or the use of an intercom. On the relevant day, Mr Ridis and his partner had left the building to farewell some friends who had been visiting. After doing so Mr Ridis’ partner, who had the key to the front door, opened it and proceeded into the entrance lobby. Mr Ridis was walking about two metres behind her when he saw the door closing very quickly. He instinctively extended his right arm towards the glass pane with fingers flexed in order to prevent the door from closing and locking. As his fingers came into contact with the closing door, it shattered, causing severe lacerations to his right forearm as it passed through the doorframe. Mr Ridis sued the owners corporation for damages, asserting that it had failed in its common law duty of care to him and in its statutory duties under s 62 of the Strata Schemes Management Act 1996 by failing to replace the existing glass with safety glass. Barrett JA, who together with McColl JA formed the majority in that case, held that the owners corporation had not breached its duty of care.

 

Further, the majority of the court in Ridis held that a breach in s 62 of the Strata Schemes Management Act 1996 does not sound in damages and therefore there is no private cause of action against the owners corporation in the event of such a breach.

 

So it seems, answering your question, if a personal injury occurred on the common property within a strata scheme, then the owners corporation probably wouldn’t be liable.