The Owners - Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 19410 v King atf the Cascade Trust [2022] NSWCATAP 326 Hearing dates: 26 May 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member P H Molony, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) If the parties are able to agree on costs, they should file proposed consent order within 21 days of the date of the orders in these reasons for decision. (4) If the parties are not in agreement as to the costs of the proceedings, then: (a) if any party seeks a costs order, the applicant for costs (the costs applicant) must file and serve a costs application, submissions which shall be limited to 2000 words, and any evidence in support by way of affidavit, within 21 days of the date of the orders in these reasons for decision; (b) the respondent to the costs application is to file and serve any submissions which shall be limited to five pages, and any evidence in opposition by way of affidavit, within 14 days thereafter; (c) the costs applicant is to file any submissions in reply limited to three pages within 14 days after receipt of the submissions and any evidence of the respondent to the costs application. Catchwords: APPEAL – no question of law – leave to appeal – decision not against the weight of evidence – leave refused – appeal dismissed. LAND LAW - Strata title – owners corporation breached the duty to properly maintain and keep in a state of good and serviceable repair the common property - Whether the owners corporation is liable for damages for loss of rent – whether one concurrent cause a cause of loss Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Strata Schemes Management Act 2015 Cases Cited: CEO of Customs v AMI Toyota Ltd (2000) 102 FCR 578 Collins v Urban [2014] NSWCATAP 17 Craig v South Australia (1995) 184 CLR 163 Oikos Constructions Pty Ltd t/as Lars Fletcher Constructions [2020] NSWCA 358 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 RBV Builders Pty Ltd v Chedra [2021] NSWCATAP 56 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 The Owners Strata Plan No 30621 v Shum [2018] NSWCATAP 15 Vickery v The Owners Strata Plan 80412 (2020) 103 NSWLR 352; [2020] NSWCA 284. Texts Cited: NCAT Procedural Direction 3 - Expert Evidence Category: Principal judgment Parties: The Owners - Strata Plan No 19410 (Appellant) Robert King and Victoria King as trustees for the Cascade Trust (Respondent) Representation: Counsel: T Harris-Roxas (Appellant) J Mack (Respondents)