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Max

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Jan 12, 2022, 12:48:42 AM1/12/22
to
If my aircon leaks fluid and the fluid goes down into the apartment
below me, am I liable for any damage caused?

Phil Allison

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Jan 12, 2022, 1:27:47 AM1/12/22
to
Max the Incorrible IDIOT wrote:

===========================
>
> If my

**You own it ?

> aircon leaks fluid

** Water ?

> and the fluid goes down into the apartment
> below me,

** Hole in the floor?
Runs down the outside wall ?

> am I liable for any damage caused?

** Depends....



Petzl

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Jan 12, 2022, 1:37:37 AM1/12/22
to
On Wed, 12 Jan 2022 16:48:37 +1100, Max <m...@val.morgan> wrote:

>If my aircon leaks fluid and the fluid goes down into the apartment
>below me, am I liable for any damage caused?
>
You need to drain the water to the ground/drain fitting a hose to the
air con water/condensation outlet to drain somewhere.
--
Petzl
Good lawyers know the law
Great lawyers know the judge

West of the Rockies

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Jan 12, 2022, 1:45:27 AM1/12/22
to
On Wed, 12 Jan 2022 16:48:37 +1100, Max posted:-

> If my aircon leaks fluid and the fluid goes down into the apartment
> below me, am I liable for any damage caused?

Body corporate would be responsible if the leak gets into an apartment,
maybe?

Phil Allison

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Jan 12, 2022, 2:26:57 AM1/12/22
to
West of the Rockies wrote:
=======================
>
> Body corporate would be responsible if the leak gets into an apartment,
> maybe?
>

** Not true of leaking water heaters etc.

Installed plumbing leaks are different.



...... Phil

Max

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Jan 12, 2022, 2:42:54 AM1/12/22
to
On 12/01/2022 5:27 pm, Phil Allison wrote:
> Max the Incorrible IDIOT wrote:
>
> ===========================
>>
>> If my
>
> **You own it ?
>

It is in an apartment that I own and occupy.



>> aircon leaks fluid
>
> ** Water ?
>

The fluid looked darker than water.


>> and the fluid goes down into the apartment
>> below me,
>
> ** Hole in the floor?
> Runs down the outside wall ?
>

This aircon is in a central location in the apartment. The fluid must
just be going through the floor somehow.

The building management told me that the occupier of the apartment below
has reported fluid going into their apartment.

I have been booked for the aircon servicer guys to service my aircon.

It is one of these aircons:

https://www.temperzone.biz/AU-Home/Products/688-Bradway/

Phil Allison

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Jan 12, 2022, 2:51:55 AM1/12/22
to
Max the Incorrible IDIOT wrote:
===========================

> >
> > ** Water ?
> >
> The fluid looked darker than water.

** Dirty water.

> This aircon is in a central location in the apartment. The fluid must
> just be going through the floor somehow.

** Timber floor ? Leak like a sieve.


> The building management told me that the occupier of the apartment below
> has reported fluid going into their apartment.
>
** Not further described ?


> It is one of these aircons:
>
> https://www.temperzone.biz/AU-Home/Products/688-Bradway/

> >> am I liable for any damage caused?

** Very likely, but demand to see it yourself now.

Arseholes like to claim on pre-existing & non-existing water damage.



..... Phil

Rod Speed

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Jan 12, 2022, 2:55:25 AM1/12/22
to
Max <m...@val.morgan> wrote

> If my aircon leaks fluid and the fluid goes down into the
> apartment below me, am I liable for any damage caused?

Yep.

Rod Speed

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Jan 12, 2022, 2:58:03 AM1/12/22
to
West of the Rockies <Cowbo...@montana.org> wrote
> Max wrote

>> If my aircon leaks fluid and the fluid goes down into the
>> apartment below me, am I liable for any damage caused?

> Body corporate would be responsible if
> the leak gets into an apartment, maybe?

Nope.

Max

unread,
Jan 12, 2022, 5:03:05 PM1/12/22
to
Surely the space between the two apartments is owned by the strata.

It is always said that the owner of a strata unit only owns the space
from within the walls and floor.

Rod Speed

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Jan 12, 2022, 5:22:40 PM1/12/22
to
Max <m...@val.morgan> wrote
> Rod Speed wrote
>> West of the Rockies <Cowbo...@montana.org> wrote
>>> Max wrote

>>>> If my aircon leaks fluid and the fluid goes down into the apartment
>>>> below me, am I liable for any damage caused?

>>> Body corporate would be responsible if the leak gets into an apartment,
>>> maybe?

>> Nope.

> Surely the space between the two apartments is owned by the strata.

There is no space between the apartments and even
if there was, that’s irrelevant to the fact that its your
appliance that has damaged the neighbour's apartment.

> It is always said that the owner of a strata unit only owns the space from
> within the walls and floor.

Only by pig ignorant fools.

West of the Rockies

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Jan 12, 2022, 6:22:40 PM1/12/22
to
On Thu, 13 Jan 2022 09:22:34 +1100, Rod Speed posted:-
You're in fine form today Roddles!

Had a good bowel movement?

Max

unread,
Jan 12, 2022, 8:55:19 PM1/12/22
to
On 13/01/2022 9:22 am, Rod Speed wrote:
> Max <m...@val.morgan> wrote
>> Rod Speed wrote
>>> West of the Rockies <Cowbo...@montana.org> wrote
>>>> Max wrote
>
>>>>> If my aircon leaks fluid and the fluid goes down into the apartment
>>>>> below me, am I liable for any damage caused?
>
>>>> Body corporate would be responsible if the leak gets into an
>>>> apartment, maybe?
>
>>> Nope.
>
>> Surely the space between the two apartments is owned by the strata.
>
> There is no space between the apartments and even
> if there was, that’s irrelevant to the fact that its your
> appliance that has damaged the neighbour's apartment.
>

How could the fluid go down into the unit below unless there was a leak
in the structure of the building?

Leaks in the structure of the building are never the responsbility of
individual unit holders.

Rod Speed

unread,
Jan 12, 2022, 9:20:32 PM1/12/22
to
Max <m...@val.morgan> wrote
> Rod Speed wrote
>> Max <m...@val.morgan> wrote
>>> Rod Speed wrote
>>>> West of the Rockies <Cowbo...@montana.org> wrote
>>>>> Max wrote

>>>>>> If my aircon leaks fluid and the fluid goes down into the apartment
>>>>>> below me, am I liable for any damage caused?

>>>>> Body corporate would be responsible if the leak gets into an
>>>>> apartment, maybe?

>>>> Nope.

>>> Surely the space between the two apartments is owned by the strata.

>> There is no space between the apartments and even
>> if there was, that’s irrelevant to the fact that its your
>> appliance that has damaged the neighbour's apartment.

> How could the fluid go down into the unit below unless there was a leak in
> the structure of the building?

Of course that’s how it gets there, but that is irrelevant to your
liability.

> Leaks in the structure of the building are never the responsbility of
> individual unit holders.

Wrong as always when its coming from your apartment.

Same with say a burst flexible hose feeding your washing
machine or dishwasher. If that floods your neighbour whose
apartment is under yours, that’s legally your problem.

Phil Allison

unread,
Jan 12, 2022, 10:02:10 PM1/12/22
to
Max is Thick a Two Short PLANKS !!
============================
>
> >> Surely the space between the two apartments is owned by the strata.
> >
> > There is no space between the apartments and even
> > if there was, that’s irrelevant to the fact that its your
> > appliance that has damaged the neighbour's apartment.
> >
> How could the fluid go down into the unit below unless there was a leak
> in the structure of the building?

** Timber floors are not one bit watertight.

Concrete slabs will leak through over time - ruining the paintwork on the underside and dripping onto the floor underneath.
The hot water service in the unit directly above my kitchen as leaked that way twice.

> Leaks in the structure of the building are never the responsbility of
> individual unit holders.
>

** But it is not one of them.
The origin of the water is in YOUR flat.


...... Phil

Max

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Jan 13, 2022, 5:31:24 PM1/13/22
to
On 13/01/2022 2:02 pm, Phil Allison wrote:
> Max is Thick a Two Short PLANKS !!
> ============================
> >
>>>> Surely the space between the two apartments is owned by the strata.
>>>
>>> There is no space between the apartments and even
>>> if there was, that’s irrelevant to the fact that its your
>>> appliance that has damaged the neighbour's apartment.
>>>
>> How could the fluid go down into the unit below unless there was a leak
>> in the structure of the building?
>
> ** Timber floors are not one bit watertight.
>
> Concrete slabs will leak through over time - ruining the paintwork on the underside and dripping onto the floor underneath.
> The hot water service in the unit directly above my kitchen as leaked that way twice.
>

The little room in which the aircon is located is a tiled. There is no
indication it is a timber floor.





>> Leaks in the structure of the building are never the responsbility of
>> individual unit holders.
>>
>
> ** But it is not one of them.
> The origin of the water is in YOUR flat.
>

Doesn't matter. It is not due to any negligence of my own that the fluid
is leaking.

Max

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Jan 13, 2022, 5:33:21 PM1/13/22
to
Since the leak to the unit below is due to the building, the building
insurance held by the strata would cover it.

Therefore I would not be liable.

Phil Allison

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Jan 13, 2022, 6:04:21 PM1/13/22
to
Max is Thick a Two Short PLANKS !!
============================
>
> > ** Timber floors are not one bit watertight.
> >
> > Concrete slabs will leak through over time - ruining the paintwork on the underside and dripping onto the floor underneath.
> > The hot water service in the unit directly above my kitchen as leaked that way twice.
> >
> The little room in which the aircon is located is a tiled.

** So is the kitchen floor above mine
The floors is a slab.

> There is no indication it is a timber floor.

** So it may be made of short planks - like you.

> >> Leaks in the structure of the building are never the responsbility of
> >> individual unit holders.
> >>
> >
> > ** But it is not one of them.
> > The origin of the water is in YOUR flat.
> >
> Doesn't matter.

** Fuck you - arsehole.

> It is not due to any negligence of my own that the fluid is leaking.

Your fucking aircon - so your fucking liability for any harm it causes.
====================================================



.... Phil

Peter Jason

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Jan 13, 2022, 8:14:22 PM1/13/22
to
...uh,wot? There's a bldg code requiring a water-tight tray placed
beneath the unit to catch any drips & leakages. Such a tray has a
hose leading away to some storm-water drain. Check this out and
defer liability to the installer!

Phil Allison

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Jan 13, 2022, 9:10:00 PM1/13/22
to
Peter Jason wrote:
===============
>
> >.... Phil

>
> ...uh,wot? There's a bldg code requiring a water-tight tray placed
> beneath the unit to catch any drips & leakages. Such a tray has a
> hose leading away to some storm-water drain. Check this out and
> defer liability to the installer!

** In NSW, that rule came along in 2016.

The water heaters here are all gas, instantaneous types.
Mine is 56 years old and the one above about 6.
Below my unit is a one car garage.



...... Phil

Peter Jason

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Jan 13, 2022, 9:55:48 PM1/13/22
to
My new instantaneous wall-mounted gas central-heating unit has a
plastic funnel below possible leak points.

Rod Speed

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Jan 15, 2022, 11:12:08 AM1/15/22
to
Max <m...@val.morgan> wrote
> Phil Allison wrote
>> Max wrote
Doesn’t need to be negligence, all it needs for you to be legally
responsible for the damage is that it was your appliance that failed.

Same with say a wheel coming off your car when you are driving
around and the wheel damages someone else's property etc.

Rod Speed

unread,
Jan 15, 2022, 11:16:18 AM1/15/22
to
Actually due to your appliance.

> the building insurance held by the strata would cover it.

Wrong, as always. Buildings done have to have to be water
tight and cant for example ever by gas tight, so if for
example your gas stove has a failure of the line between
the wall gas outlet and the stove fails and gas gets into
an adjacent apartment and is ignited there and damages
that apartment, that’s your legal responsibility.

> Therefore I would not be liable.

Wrong, as always.

Rod Speed

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Jan 15, 2022, 11:21:05 AM1/15/22
to
Peter Jason <p...@jostle.com> wrote
> Phil Allison <palli...@gmail.com> wrote
>> Max wrote

>>> > ** Timber floors are not one bit watertight.
>>> >
>>> > Concrete slabs will leak through over time - ruining the paintwork on
>>> > the underside and dripping onto the floor underneath.
>>> > The hot water service in the unit directly above my kitchen as leaked
>>> > that way twice.
>>> >
>>> The little room in which the aircon is located is a tiled.
>>
>>** So is the kitchen floor above mine
>> The floors is a slab.
>>
>>> There is no indication it is a timber floor.
>>
>>** So it may be made of short planks - like you.
>>
>>> >> Leaks in the structure of the building are never the responsbility of
>>> >> individual unit holders.
>>> >>
>>> >
>>> > ** But it is not one of them.
>>> > The origin of the water is in YOUR flat.
>>> >
>>> Doesn't matter.
>>
>>** Fuck you - arsehole.
>>
>>> It is not due to any negligence of my own that the fluid is leaking.
>>
>> Your fucking aircon - so your fucking liability for any harm it causes.

> ...uh,wot? There's a bldg code requiring a water-tight tray
> placed beneath the unit to catch any drips & leakages.

That's wrong with portable aircons. And no tray can
catch everything with the worst leaks anyway. And
if that tray fails, he is still legally liable anyway.

> Such a tray has a hose leading away to some storm-water drain.

Not with a portable aircon.

> Check this out and defer liability to the installer!

Utterly mangled all over again if the tray has failed or the hose has
failed.

Rod Speed

unread,
Jan 15, 2022, 11:24:04 AM1/15/22
to
Peter Jason <p...@jostle.com> wrote
> Phil Allison <palli...@gmail.com> wrote
>> Peter Jason wrote

>>> ...uh,wot? There's a bldg code requiring a water-tight tray placed
>>> beneath the unit to catch any drips & leakages. Such a tray has a
>>> hose leading away to some storm-water drain. Check this out and
>>> defer liability to the installer!

>> In NSW, that rule came along in 2016.

>> The water heaters here are all gas, instantaneous types.
>> Mine is 56 years old and the one above about 6.
>> Below my unit is a one car garage.

> My new instantaneous wall-mounted gas central-heating
> unit has a plastic funnel below possible leak points.

And that can fail and the hose from it to outside can
get blocked and in that case you are still legally liable
if a leak ends up in the apartment under yours.
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