NCAT Upholds Owner's Right: How Our Expert Leak Report Resolved a Strata Water Ingress Battle

Strata disputes over water damage are notoriously complex. Owners Corporations often dispute responsibility, leading to years of frustrating delays, escalating damage, and lot owners living in potentially unsafe environments. We recently supported a lot owner who had suffered severe water ingress and chronic rising damp for over a year, resulting in a perpetually wet staircase carpet and mould growth.

The Owners Corporation in this case initially denied responsibility, claiming the leak was from an internal pipe, which would have made it the applicant’s burden to repair. Multiple prior reports—including those submitted by the Owners Corporation's own insurer—were inconclusive, conflicting, or incorrectly attributed the issue, fueling an atmosphere of significant distrust and delay between the parties.

The situation demanded a definitive, evidence-based answer to cut through the confusion. 1300 FINDLEAK was engaged to conduct a specialist leak detection investigation. Our comprehensive, non-invasive testing and analysis—which included uncovering systemic, widespread defects in the building’s basement and foundation—definitively concluded the following:

The water damage was unequivocally a major and active water egress originating from the common Bondek slab beneath the neighbouring unit. This pointed directly to a systemic failure of waterproofing and building compliance, and was not due to the lot owner's recent, approved renovation.

This detailed, evidence-based finding was submitted to the NSW Civil and Administrative Tribunal (NCAT) in the matter of Olivia Mc G…… v The Owners - Strata Plan No. 621...

The Power of Substantive Evidence

In its decision on 11 November 2025, the Tribunal directly addressed the six different expert reports submitted by both parties. The Tribunal concluded it must ascribe "more weight to the FindLeak Report" than the others. The Senior Member noted that our report detailed the "extensive investigation and testing processes undertaken," which presented as "detailed and carefully formulated." By contrast, other reports were found to be brief and inconclusive regarding the source of the ingress.

Crucially, the Tribunal was satisfied that the leak emanated from common property and that the Owners Corporation's failure to act constituted a clear breach of its statutory duty to maintain common property (s 106(1) of the Strata Schemes Management Act 2015).

The Final Order

Based on the evidence, NCAT granted the orders sought by the applicant, compelling the Owners Corporation to fully repair the water ingress and rising damp issues at their own cost on or before a firm deadline.

This ruling underscores the critical importance of securing a substantive, comprehensive leak detection report when facing a strata water dispute. If you are dealing with a property defect where responsibility is disputed, a highly detailed and technically sound report from 1300 FINDLEAK is your essential evidence for compelling action and securing the results you deserve.

Don't let guesswork and delay compromise your home. Call 1300 FINDLEAK today to get the definitive report you need.