Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2025] NSWCATAP 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roxy Pacific Killara Pty Ltd v The Owners – Strata Plan 10053 [2025] NSWCATAP 9 Hearing dates: On the papers Date of orders: 08 January 2025 Decision date: 08 January 2025 Jurisdiction: Appeal Panel Before: Balla ADCJ Principal Member Decision: (1) A hearing on costs is dispensed with pursuant to s 50(1)(c) of the Civil and Administrative Tribunal Act 2013. (2) Remit the determination of the issue of the costs of the appeal, if pressed, to the Tribunal once the primary proceedings have been redetermined, with the admission of relevant new evidence on the issue of costs at the discretion of the Tribunal redetermining the matter. Catchwords: BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — S 48O discretion — Defects — Costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil and Administrative Tribunal Rules 2014 (NSW), r 28 Cases Cited: Murphy v Trustees Catholic Aged Care Sydney [2019] NSWCATAP 84 Texts Cited: None Category: Principal judgment Parties: Roxy Pacific Killara Pty Ltd (Appellant) The Owners – Strata Plan 10053 (Respondent) Representation: Counsel: S Philips (Appellant) J Knackstredt (Respondent)

Solicitors: Vincent Young Solicitors (Appellant) Bugden Allen Graham Lawyers (Respondent) File Number(s): 2024/00186230 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 April 2024 Before: M Gracie, Senior Member File Number(s): 2021/00371562 (HB 21/51064)