The owners corporation sought orders requiring Mr Perkins, the owner of unit 35, to refurbish his bathroom to prevent water egress into unit 34 (the unit below unit 35).
ACAT Senior Member Robinson distinguished the facts of this case from The Owners – Units Plan No 1917 v Koundouris [2016] ACTSC 96 on the basis that…
This case involved an owners corporation suing a builder to recover losses and expenses arising from building defects.
In that case, it was observed that the bathrooms of various units were not common property and therefore the only way in which the installation of waterproofing in the bathrooms of these units could be the responsibility of…