Ericon Buidings Pty Limited v The Owners Strata Plan No 96597 [2020] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ericon Buidings Pty Limited v The Owners Strata Plan No 96597 [2020] NSWCATAP 265 Hearing dates: 16 November 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Appeal Panel Before: T Simon, Principal Member D Fairlie, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The appellants are to provide to the Appeal Panel and to the respondent, any submissions in response to the respondent's cost submissions dated 6 November 2020, by 17 December 2020. (4) The respondent is to provide to the Appeal Panel and to the appellants, any submissions in reply to appellants' cost submissions, by 24 December 2020. (5) Costs will be determined on the papers, unless either party seeks to be heard in person, in which case they should advise the Registry by 4 January 2021, setting out the reasons why, and the Appeal Panel will advise the parties of its decision on whether there will be a further hearing in person as soon as possible thereafter. Catchwords: APPEAL - HOME BUILDING - ancillary order - offer of consent judgment - Tribunal's discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Design and Building Practitioners Act 2020 Home Building Act 1989 Strata Schemes Management Act 2015 Cases Cited: Australian Mid - Eastern Club v Yassim (1989) 1 ACSR 399 Globatel v MCI Worldwide [2002] NSWSC 748 Nationwide v Franklin [2001] NSWSC 1120 Re HGC Properties [2019] VSC 202 Texts Cited: None cited Category: Principal judgment Parties: Ericon Buildings Pty Limited (First Appellant) Sundale Developments Pty Limited (Second Appellant) The Owners - Strata Plan No 96557 (Respondent) Representation: Counsel: B Le Plastrier (Appellants) C Blackwell (Respondent)