The Owners Strata Plan 58020 v The Kraftsmen Property Maintenance Pty Ltd [2023] NSWCATCD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners Strata Plan 58020 v The Kraftsmen Property Maintenance Pty Ltd [2023] NSWCATCD 178 Hearing dates: 06 April 2022, 26 February 2023 Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Consumer and Commercial Division Before: H Woods, Senior Member Decision: 1. The application is dismissed. In respect of Costs: 2. If any party wishes to seek an order in respect of costs, it is to file and serve submissions and any evidence in support of its application for costs within 14 days of the date of these orders. 3. Any submissions or evidence in response are to be filed and served within a further 14 days. 4. Any submissions in reply are to be filed and served within a further 7 days. 5. Any submissions in respect of costs are to state whether the party consents to the question of costs being determined on the papers, and if not why. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Major defect Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: Ashton v Stevenson; Stevenson v Ashton [2020] NSWCATAP 233 (9 November 2020) [65] to [69] Stevenson v Ashton [2019] NSWSC 1689 [74] to [76]. The Owners Strata Plan 64757 v Sydney Remedial Builders Pty Ltd [2023] NSWSC 1127 (18 September 2023) [14] Category: Principal judgment Parties: The Owners Strata Plan 58020 (Applicant)

The Kraftsmen Property Maintenance Pty Ltd (Respondent) Representation: Counsel: Applicant: A. Power Respondent: J. Hyde