The Owners-Strata Plan No.79707 v Trilogy Capital Services Pty Ltd [2015] NSWCATAP 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Owners-Strata Plan No.79707 v Trilogy Capital Services Pty Ltd [2015] NSWCATAP 171 Hearing dates: 5 May 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Appeal Panel Before: Mr L.P. Robberds QC Senior Member Ms S. Thode Senior Member Decision: The appeal panel answers the three preliminary issues as follows: Question 1: whether the respondent is a 'developer' in relation to the residential building work to the common property of Strata Plan No. 79707. Answer 1: No. Question 2: whether or not in circumstances where the appellant became the owners corporation of the Strata Plan SP 979707 containing 17 residential units at the time when Lot 102 in SP1118872 from which the strata plan was created was not owned by the respondent, the appellant could be, for the purpose of section 18C of the Home Building Act 1989 … an immediate successor in title to the respondent. Answer 2: No. Question 3: whether the appellant is entitled to claim breach of the statutory warranties against the respondent, as successor in title pursuant to s18D of the Act. Answer 3: No. The appeal panel orders that the appeal be dismissed. The appeal panel orders that the appellant pay the respondent's costs of the application lodged by the appellant and determined by the Tribunal member and the respondent's costs of the appeal. Catchwords: Meaning of "developer" for Home Building Act 1989 – extension of statutory warranties – immediate successor in title – vesting of common property on registration of strata plan – successor in title to person entitled to benefit of statutory warranty Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Strata Schemes (Freehold Development) Act 1973 Category: Principal judgment Parties: The Owners-Strata Plan No.79707 (Appellant) Trilogy Capital Services Pty Ltd (Respondent) Representation: Counsel: Mr B. DeBuse (Respondent)