Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR 449

Since the board is comprised, presumably, of ordinary lot owners the test for

what they will foresee about the condition of the stairs and what they might do

about them is less demanding of them than the test for an occupier of commercial

premises: Ridis v Strata Plan 10308 [2005] NSWCA 246; (2005) 63 NSWLR

449. The Court of Appeal said an owners corporation, acting reasonably, should

have a system in place for monitoring the maintenance and state of repair of the

common property and the system should pay particular regard to safety issues

associated with maintenance and repair ([5]). The Court confirmed the first

instance conclusion the evidence did not establish inspections of this kind would,

on the balance of probabilities, have brought home to the owners corporation the

risk concerning the glass ([9], [11]). The case concerned glass in an entry door

which was not shatter proof, which shattered causing injury. There was nothing

about the glass which would have told a reasonable “board” of this risk.