GWH Build Pty Ltd v The Owners Strata Plan 96788 [2021] NSWCATAP 388

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GWH Build Pty Ltd v The Owners Strata Plan 96788 [2021] NSWCATAP 388 Hearing dates: 25 October 2021 Date of orders: 01 December 2021 Decision date: 01 December 2021 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member P Durack SC, Senior Member Decision: 1. To the extent that it was required, leave to appeal is refused. 2. The appeal is dismissed. 3. The respondent is to serve and lodge written submissions in respect of any application as to the costs of the appeal within 14 days of the publication of these reasons and the appellant is to serve and lodge any written submissions in reply within 14 days of its receipt of the respondent's submissions. The parties' submissions are to include submissions as to whether the question of costs of the appeal should be determined on the papers. Catchwords: COSTS-indemnity costs-refusal of offer for work order to be made -subsequently work order agreed to APPEALS-- no error of law-no point of principle-no appealable error concerning Tribunal's conclusion that appellant acted unreasonably prolonged resolution of the proceedings – point not raised before the Tribunal not permitted on appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Collins v Urban [2014] NSWCATAP 17 Free Serbian Orthodox Church Diocese for Australia and New Zealand Property Trust v Bishop Irinej Dobrijevic (No 3) [2017] NSWCA 109 Hudson v Arp 1 (NSW) Pty Ltd [2014] NSWCATAP 31 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418 at 438. Tang v Mawad Group Pty Ltd [2021] NSWCATAP 282 Category: Principal judgment Parties: GWH Build Pty Ltd (Appellant) The Owners Strata Plan 96788 (Respondent) Representation: Counsel: G Carolan (Appellant)