Owners Strata Plan SP 73019 v Brodyn Pty Ltd, Titanium Group Pty Ltd, Auscore Pty Ltd Brodyn Pty Ltd v Auscore Pty Ltd [2014] NSWCATCD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Strata Plan SP 73019 v Brodyn Pty Ltd, Titanium Group Pty Ltd, Auscore Pty Ltd Brodyn Pty Ltd v Auscore Pty Ltd [2014] NSWCATCD 22 Hearing dates: 28 November and 2 December 2013 and 11 February 2014 Decision date: 05 March 2014 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Principal Member Decision: 1. The application by the first respondent for leave to amend the first respondent's defence is dismissed. 2. The first respondent is to pay the applicant's costs of the application as agreed or assessed on an ordinary basis. 3. The hearing to determine the substantive dispute listed to commence on 14 April 2014 is confirmed. 4. Within 7 days from the date of publication of these orders the parties are to review the agreed bundle and confirm to the Tribunal in writing that the agreed bundle now contains a copy of all documents required for the final hearing in accordance with the directions made, including all evidence, submissions and the joint experts report. Catchwords: Ratification, Illegality, Section 80D of the Strata Schemes Management Act, 1996. Legislation Cited: Strata Schemes Management Act, 1996 Cases Cited: The Owners Strata Plan No 73943 v 2 Elizabeth Bay Road Pty Ltd [2013] NSWSC 1769; The Owners- Strata Plan 70798 v Bakkante Constructions Pty Ltd [2013] NSWSC 848; AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; Owners SP 46528 v Hall [2009] NSWSC 278; New South Wales in Madden v The Owners - Strata Plan No 64970 [2013] NSWSC 469; McEvoy and Anr v The Body Corporate for No 9 Port Douglas Road [2013] QCA 168 Category: Principal judgment Parties: Owners Strata Plan SP 73019 (Applicant) Brodyn Pty Ltd (Respondent) Titanium Group Pty Ltd (Respondent) Auscore Constructions Pty Ltd (Respondent)