The Owners - Strata Plan No 80818 v Conquest Constructions (NSW) Pty Ltd [2014] NSWCATCD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners - Strata Plan No 80818 v Conquest Constructions (NSW) Pty Ltd [2014] NSWCATCD 77 Hearing dates: 12 March 2014 and 28 April 2014 Decision date: 15 May 2014 Before: S Westgarth, Deputy President Decision: The application is dismissed Legislation Cited: Home Building Act 1989 (NSW) Cases Cited: The Owners Strata Plan No 61288 v Brookfield Australia Investments Ltd [2013] NSWCA 317 Hadley v Baxendale (1854) 156ER 145 Auburn Municipal Council v ARC Engineering Pty Ltd v SDC Kennedy and Bird Pty Ltd [1973] 1 NSWLR 513 Category: Principal judgment Parties: The Owners - Strata Plan No 80818 (applicant) Conquest Constructions (NSW) Pty Ltd (respondent) Representation: Not applicable Not applicable File Number(s): HB 13/59498

reasons for decision 1The applicant commenced proceedings by an application filed 15 November 2013 and seeks reimbursement of the sum of $15,175.00 which was paid for the purposes of obtaining the expert assistance of a company called Essential Facilities Management Pty Ltd (EFM) in addressing numerous defects in the building built by the respondent. That building contains five storeys comprising 36 apartments and the building was completed during 2008. The respondent (the builder) opposes the order being sought. 2The applicant was represented by its chairman, Mr Brian Jessep and by its treasurer Mr Tony Rattray. Both gave sworn evidence. The respondent was represented by its project manager Mr Denis Uzelac and by its construction manager Mr John Waldron. They gave sworn evidence.