Owners Corporation SP 69470 v Sydney Water Corporation [2014] NSWCATCD 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation SP 69470 v Sydney Water Corporation [2014] NSWCATCD 221 Hearing dates: 12 August 2014 Decision date: 28 November 2014 Jurisdiction: Consumer and Commercial Division Before: F E Gray, General Member Decision: The application is dismissed. Catchwords: Consumer claim, cause of action, limitation period Legislation Cited: Consumer Claims Act 1998 Civil and Administrative Tribunal Act 2013 (NSW) Sydney Water Act 1998 (NSW). Category: Principal judgment Parties: Applicant: Owners Corporation SP 69470 Respondent: Sydney Water Corporation Representation: Counsel: N/A Solicitors: N/A Mr Wallace for the applicant Mr Catling for the respondent File Number(s): GEN 14/19668 Publication restriction: None

reasons for decision

The application 1. The applicant lodged an application with the Tribunal on 9 April 2014 seeking an order that the respondent refund a total of $19,696.82 to the applicant, being the amount the applicant paid to the respondent for the supply of water to the Strata Plan 69470.

Onus and standard of proof 1. The applicant bears the onus of proving their case on the balance of probabilities.

The hearing 1. The applicant was represented by Mr Wallace, the Secretary of Strata Plan 69470 and a member of the Executive Committee. 2. The respondent was represented by Mr Catling, who is the Co-ordinator of External Dispute Resolution for the respondent. 3. The parties confirmed that they had each filed and served the material upon which they intended to rely at the hearing. The parties each confirmed that they were ready to proceed with the hearing.