Question: Does NCAT have jurisdiction to award damages for negligence against a strata managing agent?
An article on your site from 2023, NSW: Damages Claims Against Strata & Building Managers – NCAT opens the door, states:
“…proceedings are listed for Hearing before NCAT in early 2023, and we will need to await that decision to understand further whether the Tribunal considers that it has jurisdiction to adjudicate on, and award damages for, a claim for negligence against a strata managing agent and/or a building manager in relation to their alleged failure to properly exercise their functions.”
What were the proceedings’ decision and determination?
Answer: Claiming damages for negligence against a strata managing agent through NCAT is not currently an available remedy in NSW.
Unfortunately, this question was not pursued or resolved as the proceedings were determined without the issue being further investigated and ruled on by the Tribunal. Therefore, there is no legal development or principle that ultimately arises from this case. There have been no other cases since that time in which someone has successfully pursued a strata managing agent in NCAT for damages for negligence. At this stage, our advice would be that this is not a remedy available through NCAT against strata managing agents.
This post appears in the June 2026 edition of The NSW Strata Magazine.
Warwick van Ede
JS Mueller & Co Lawyers
E. warwickvanede@muellers.com.au
P: 02 9562 1266
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