Eunomia Developments Pty Ltd (ACN 605 617 150) ATF Eunomia Developments Unit Trust (ABN 94 911 587 402) v The Secretary of the Department of Customer Service [2024] NSWLEC 1629

Land and Environment Court New South Wales

Medium Neutral Citation: Eunomia Developments Pty Ltd (ACN 605 617 150) ATF Eunomia Developments Unit Trust (ABN 94 911 587 402) v The Secretary of the Department of Customer Service [2024] NSWLEC 1629 Hearing dates: Conciliation Conference 4 July, 2 August, 2 September 2024 Date of orders: 09 October 2024 Decision date: 09 October 2024 Jurisdiction: Class 2 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) In respect of the building work rectification orders out in the instrument, being Building Work Rectification Order (Ref 10680677) dated 1 December 2023 and varied on 22 December 2023, issued by the Secretary of the Department of Customer Service to Eunomia Developments Pty Ltd (ACN 605 617 150) ATF Eunomia Developments Unit Trust (ABN 94 911 587 402), in respect of the property located at 2-24 Mitchell Road, Alexandria NSW 2015 (Lot 1 DP 669038, Lot 100 DP 1031123, SP 101237): (a) Pursuant to s 49(3)(a) of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act), Item 3 is revoked; and (b) Pursuant to s 49(3)(c) of the RAB Act, Items 1-2, 4-16 are substituted for the orders set out in Annexure A. (3) Liberty to apply to the Court is granted on giving 3 days' notice. (1) The appeal is upheld. (2) In respect of the building work rectification orders out in the instrument, being Building Work Rectification Order (Ref 10680677) dated 1 December 2023 and varied on 22 December 2023, issued by the Secretary of the Department of Customer Service to Eunomia Developments Pty Ltd (ACN 605 617 150) ATF Eunomia Developments Unit Trust (ABN 94 911 587 402), in respect of the property located at 2-24 Mitchell Road, Alexandria NSW 2015 (Lot 1 DP 669038, Lot 100 DP 1031123, SP 101237): (i) Pursuant to s 49(3)(a) of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act), Item 3 is revoked; and (ii) Pursuant to s 49(3)(c) of the RAB Act, Items 1-2, 4-16 are substituted for the orders set out in Annexure A. (3) Liberty to apply to the Court is granted on giving 3 days' notice. Catchwords: BUILDING WORK RECTIFICATION ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 18, 34, 39 Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, ss 33, 38, 49 Cases Cited: Eunomia Developments Pty Ltd v Secretary of the Department of Customer Service [2021] NSWLEC 1279 Phillips v Walsh (1990) 20 NSWLR 206 Category: Principal judgment Parties: Eunomia Developments Pty Ltd (ACN 605 617 150) ATF Eunomia Developments Unit Trust (ABN 94 911 587 402) (Applicant) The Secretary of the Department of Customer Service (Respondent) Representation: Counsel: C Novak (Applicant) I Lacy (Solicitor) (Respondent)