Burbank Montague Pty Ltd v The Owners – Strata Plan No 85312 [2020] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burbank Montague Pty Ltd v The Owners – Strata Plan No 85312 [2020] NSWCATAP 100 Hearing dates: 10 February 2020 Date of orders: 02 June 2020 Decision date: 02 June 2020 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member M Gracie, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The appellants are to pay the respondents costs of the appeal, on the ordinary basis, as agreed or assessed. (4) If a party seeks a different costs order, order 3 above ceases to have effect and the following orders apply: (a) Any application for a different costs is to filed and served within 14 days of the publication of these orders and is to be supported by evidence and submissions not exceeding five pages in length. (b) Any response to the costs application(s) is to be filed and served 14 days thereafter. (c) Submissions in reply are to be filed and served within 7 days of receipt of submissions in response. Catchwords: APPEAL – leave to appeal – exercise of discretion – leave refused - leave to adduce new evidence refused - strata scheme – common property defects – scope of works – rectification costs – whether strata levy excessive - costs of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Burbank Montague Pty Ltd (First Appellant) Gornoa Pty Ltd (Second Appellant) The Owners – Strata Plan No. 85312 (First Respondent) Anne Lewinsky and Sidney Lewinsky (Second Respondents) Ronald Allen Zucker (Third Respondent) Representation: Counsel: R Cheney SC with D Neggo (Appellants) M Pesman SC (First Respondent) V Kerr SC (Second and Third Respondents)