The Owners – Strata Plan No. 99779 v Rockdale One Pty Ltd [2023] NSWCATCD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners – Strata Plan No. 99779 v Rockdale One Pty Ltd [2023] NSWCATCD 165 Hearing dates: 30 November 2022 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Consumer and Commercial Division Before: D Goldstein, Senior Member Decision: 1. Within 14 days of the date of these orders, the parties must file a joint work order which reflects these reasons. If no agreement is reached in the 14 day period, the parties must within 21 days of this order each file a work order which they say is appropriate and reflects these reasons, supported by short written submission of no more than three pages. The Tribunal will than make an appropriate work order. 2. In the event that a party wishes to bring a costs application, such application must be lodged in the Tribunal and served on/given to the costs respondent within 14 days of the date of the orders in these proceedings 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 costs application to lodge in the Tribunal and serve on/give to the costs applicant its submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon. 4. The parties must state in their submissions whether or not 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 the parties' submissions, the Tribunal will determine any costs application made on the basis of the papers lodged in the Tribunal. Catchwords: BUILDING & CONSTRUCTION – Defective work – Work orders – Inferences regarding extent of defective work Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: The Owners Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612 Texts Cited: None cited Category: Consequential orders Parties: The Owners – Strata Plan 99779 (Applicant) Rockdale One Pty Ltd (First Respondent) Piety THP Pty Ltd (Second Respondent) Representation: Counsel: Mr B. Jacobs for the applicant Mr D. Weinburger for the respondents