Thoo v The Owners Strata Plan No. 50276 (No. 2)

By 4 October 2013Business
civil structural engineer

Thoo v The Owners Strata Plan No. 50276 (No. 2) [2012] NSWSC 1313

Decision: 29 October 2012
The Supreme Court held the plaintiff was entitled to past damages for the owners corporation’s breach of section 62(2) of the Strata Schemes Management Act 1996 (NSW) (the original judgment is Thoo v The Owners Strata Plan No. 50276 [2011] NSWSC 657 ) from 6 June 2008 until the date of judgment (ie 29 October 2012) at the rate of $14,800 per annum, along with interest.  The plaintiff was also entitled to a refund of the strata levies he had paid since 6 June 2008 to the extent they included legal fees and expenses associated with the claim.