06 Mar 2010
THE owner of an apartment in which water flowed through power points has won a test case in the NSW Supreme Court after a body corporate was ordered to compensate her for the rent forgone in the past and in the future.
The ruling to pay Catherine Nicita the forgone rent for her unliveable apartment until September was made after building defects shaved $680,000 off the value of her waterfront home in the inner-western Sydney suburb of Abbotsford, reducing its resale value to $130,000.
It is the first time a judge has made a body corporate pay rent in advance to compensate a unit owner and lawyers say the case is already having implications.