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VIC Theft from Secure Car Park Cage - Body Corporate Liable?

Discussion in 'Property Law Forum' started by Chris Broderick, 6 April 2015.

  1. Chris Broderick

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    I had approx $8000 worth of goods stolen from my (alleged) secure car park cage (padlock broken and lock twisted) on the weekend. My new apartment premises requires a remote to enter the car park and has 24 hour CCTV at the entrance of the car park, I moved into these premises assuming I would have a large degree of security and I utilised the car space cage assuming that too.....I have informed the police of the break in and theft and they have attended the premises. I'm awaiting upon a police report.

    Does the body corporate have any liability for not providing a secure building as I believed we were entering into. We are currently renting an apartment and the car space cage came with our apartment.

    Thank you.
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Check the terms of your lease, but I suspect

    (i) there will be language to the effect of "all care but no responsibility"; and
    (ii) that even if they did have some sort of duty, how do you propose to show that they did not meet it,
    given the controlled-access roller door and the CCTV system?
     
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