NSW Damage to common property by tradesperson

[Jim Slaven]

An Owner from my SP engaged with a tradesperson to work on her individual property. The tradesperson caused significant damage to a common property door, ending with it having to be totally replaced, it was beyond repair.

The tradesperson refused to accept responsibilty & fled. The owner advises it's common property, so bad luck, O/C has to pay.

The matter was eventually "settled" via the O/C's Insurer. Did not even get to the tradesperson's insurer. O/C was duly charged Excess plus an increase in next years Excess for lodging the claim.

Question:
Does the broader O/C have cause for recourse against the owner, given she was the one and only one of the OC that made the decsion to bring the tradesperson to our complex in the first place?

Noting- whilst we have no CCTV equipment, we have gathered at least 3 written statements from witnesses (residents) who were prresent on the day, prepared to certify the door was smashed and damaged on the day in question, by the tradesperson concerned.

Many Thnx

JS

 

[Docupedia]

The lot owner brought the tradesperson in. The body corporate didn't engage the tradesperson. To the body corporate, that tradesperson is essentially no different to anyone else who comes into the scheme.

I'd be looking at your by-laws around the liability of owners for their invitees, and then approaching the owner on the basis of it being their invitee who caused damage to common property.