Australia, July 23 -- New South Wales Land and Environment Court issued text of the following judgement on June 23:

1. This appeal concerns a dispute between the Appellant (who owns a lot in the Strata Plan constituted by the Respondent) and the Owners Corporation (the Respondent) concerning water damage and other defects affecting the lot owned by the Appellant. At first instance the Appellant's application was dismissed. We are of the opinion that the Tribunal made an error of law and that the Appellant's application should be remitted back to the Consumer and Commercial Division for a hearing on its merits. The reasons and the relevant background are set out in the following paragraphs.

2. The Appellant's original application (lodged 6...