#28010
Austman
Flatchatter

    @Lady Penelope said:
    This article is well worth reading:

    https://www.landers.com.au/insights/publications/projects-construction-and-infrastructure/strata-legislation-update-damages-for-breach-of-the-duty-to-repair-and-maintain-the-common-property/

    It’s a very interesting analysis.

    The authors note that s.106(5) uses the words “reasonably foreseeable”:

    any reasonably foreseeable loss suffered by the owner

    And that’s why they think damages would have been awarded to McElwaine under the 2015 Act.

    In my above example of a burst copper water pipe inside a solid wall, I wonder if it would be considered a reasonably foreseeable event? 

    I can’t see how the OC could have reasonably foreseen it (to prevent it), in which case the OC might not be liable for any damage it caused to lot property.