The Owners – Strata Plan No 85305 v Dyldam Developments Pty Ltd [2019] NSWCATCD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 85305 v Dyldam Developments Pty Ltd [2019] NSWCATCD 73 Hearing dates: 26 February 2019 Date of orders: 5 March 2019 Decision date: 05 March 2019 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Dyldam Developments Pty Ltd's application for an order that the time limit for The Owners – Strata Plan No 85305 to have commenced these proceedings expired on 5 September 2018 with the result that the proceedings have been brought out of time is dismissed. 2. Any costs application associated with this application must be lodged in the Tribunal and served on the costs respondent within 14 days of the date of this order either attaching or referring to the documents relied upon in support of the application. 3. The costs respondent will have 14 days after the date it receives the application to lodge in the Tribunal and serve on the costs applicant its submissions, if any, in response to the cost applicant's costs application, such submissions either attaching or referring to the documents relied upon. 4. The parties must state in their submissions whether they consent to the costs application being determined on the basis of the parties written submissions and attached documents, if any, without the need for a hearing. 5. Subject to considering the parties submissions regarding a hearing on costs, the Tribunal will determine any costs application on the basis of the papers lodged in the Tribunal Catchwords: Home Building – Time to commence proceedings – Validity of interim occupation certificate Legislation Cited: Environmental Planning and Assessment Act 1979 Home Building Act 1989 Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206 The Owners-Strata Plan 89023 v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust; Jayanthi and Shikaram v AT Building Pty Limited and Mowbray Road Pty Limited as trustee for Mowbray Unit Trust [2018] NSWCATCD 33 Category: Principal judgment Parties: The Owners – Strata Plan No 85305 (Applicant) Dyldam Developments Pty Ltd (Respondent) Representation: Counsel: Mr D. Hand (Applicant) Mr L. Shipway (Respondent)