The Owners – Strata Plan No 80211 v Control Services Pty Ltd & Killen [2022] NSWCATAP 319

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No 80211 v Control Services Pty Ltd & Killen [2022] NSWCATAP 319 Hearing dates: 25 July 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member M Gracie, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL – NCAT – appeal from Consumer and Commercial Division – no question of law - leave to appeal – contract with respondent for fire safety services – limited scope of work - claim for rectification costs associated with non-compliant annual fire safety statements – no nexus between damages claimed and non-compliant annual fire safety statements - no substantial miscarriage of justice – no issues of principle or public importance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Safety Regulation 2000 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Weston v Integra Windows and Doors Pty Ltd [2022] NSWCATAP 201 Texts Cited: Nil Category: Principal judgment Parties: The Owners – Strata Plan No 80211 (Appellant) Control Services Pty Ltd & Geordie Killen (Respondents) Representation: J Veri (Appellant) G Killen (Respondents) File Number(s): 2022/00134588 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 14 April 2022 Before: J Ringrose, Tribunal Member File Number(s): GEN 21/52308