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?
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.
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Warwick specialises in litigation, strata and property law. He is a NSW Law Society Accredited Specialist in property law.
He has significant experience advising strata and community developments, with a focus on NSW, providing assistance to developers including drafting by-laws, community and building management statements, and all other aspects of strata law.
His extensive property law work includes advising clients on all aspects of property development, commercial and retail leasing, residential and commercial sales and purchases.
An experienced litigator of over 35 years, Warwick has appeared, often as advocate, in all Courts and Tribunals across NSW representing clients at NCAT, the Supreme Court, and Federal Court of Australia and in lower Courts.
View Warwick’s full profiles here and LinkedIn.
Warwick is a regular contributor to LookUpStrata.
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