Owners Corporation – Strata Plan 73019 v Brodyn Pty Ltd, Titanium Group Pty Ltd, Auscore Constructions Pty Ltd [2015] NSWCATCD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owners Corporation – Strata Plan 73019 v Brodyn Pty Ltd, Titanium Group Pty Ltd, Auscore Constructions Pty Ltd [2015] NSWCATCD 43 Hearing dates: 14, 15, 16 and 17 April 2014 Decision date: 31 March 2015 Jurisdiction: Consumer and Commercial Division Before: D. Goldstein, Senior Member Decision: 1. Brodyn Pty Ltd must pay Owners Corporation – Strata Plan 73019 the sum of $316,212.99 within 21 days of the date of this order.

2. Auscore Constructions Pty Ltd must pay Owners Corporation – Strata Plan 73019 the amount claimed in the sum of $496,008.00 within 21 days of the date of this order.

3. Brodyn Pty Ltd's claim against Auscore Constructions Pty Ltd in HB 11/06382 is dismissed.

4. Either party is at liberty to make a costs application in these proceedings.

5. Any costs application pursuant to section 53 of the Consumer, Trader and Tenancy Tribunal Act 2001 or regulation 20 of the Consumer, Trader and Tenancy Tribunal Regulation 2009 must be lodged in the Tribunal and served on the costs respondent within 21 days of the date of this order either attaching or referring to the documents relied upon in support of the application.

6. The costs respondent will have 21 days after the date of receipt of the costs application referred to above, to lodge in the Tribunal and serve on the costs applicant the submissions, if any, in response to the costs application, such submissions either attaching or referring to the documents relied upon.

7. The cost applicant will have 14 days after the date of receipt of the cost respondent's submissions to lodge in the Tribunal and serve on the costs respondent the submissions, if any, in reply, such submissions either attaching or referring to the documents relied upon.