Gleeson & Anor t/as ANT Building v The Owners – Strata Plan No 81893 [2016] NSWCATAP 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gleeson & Anor t/as ANT Building v The Owners – Strata Plan No 81893 [2016] NSWCATAP 27 Hearing dates: 7 July 2015 Date of orders: 03 February 2016 Decision date: 03 February 2016 Jurisdiction: Appeal Panel Before: D Patten, Principal Member M Harrowell, Principal Member Decision: 1. Application to adduce fresh evidence refused. Appeal in respect of the order made 13 February 2015 allowed in part. 2. The orders of the Tribunal made 13 February 2014 are varied by substituting in order 1 the sum of $293,228.18 for the sum of $359,064.00. 3. Appeal in respect of the costs order made 28 April 2015 allowed. 4. Subject to the appellants filing any submissions pursuant to the directions in the following order, the appellants are to pay the costs of the respondent in the proceedings below, such costs to be as agreed or assessed on a party/party basis. 5. In respect of the costs of the proceedings below, the Appeal Panel makes the following directions: (a) The appellants are to file any submissions and material in relation the question of costs of the proceedings below within 14 days from the date this decision is published; (b) The respondent is to file any submissions and material in relation the question of costs of the proceedings below in reply within 21 days from the date this decision is published; (c) The appellants are to file any submissions in reply to the respondent's submissions within 28 days from the date this decision is published; (d) The parties submissions are to include any submissions as to why the question of costs cannot be determined on the papers without a hearing. 6. Save as provided above, leave to appeal is otherwise refused and the appeals are dismissed. 7. Each party is to pay their own costs of the appeals. Catchwords: Error of law - failure to provide adequate reasons Fresh evidence - evidence not reasonably available Owners Corporation - standing to bring application under the Home Building Act as successor in title Causation Legislation Cited: Building Code of Australia Civil and Administrative Tribunal Act, 2013 Civil Liability Act, 2002 Consumer Trader and Tenancy Tribunal Act, 2001 Consumer Trader and Tenancy Tribunal Regulation,2009 Home Building Act, 1989 Home Building Regulation, 2004 Strata Schemes Management Act, 1996 Cases Cited: Al Daouk v Mr Pine Pty Ltd [2015] NSWCATAP Brookfield Multiplex Ltd v Owners Strata Plan 6188 [2014] HCA 36 Building Insurers Guarantee Corporation v The Owners Strata Plan 60848 [2012] NSWCA 375 Thompson v Chapman [2016] NSWCATAP 6 Khan v Kang [2014] NSWCATAP 14 March v Stramare Pty Ltd (1990-1991) 171 CLR 506 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Orr v Holmes [1948] 76 CLR 632 Simonius Vischer & Co v Holt & Thompson (1979) 2 NSWLR 322 The Craftsmen Restoration Renovations v Thomas Boland [2008] NSWSC 660 The Owners Strata Plan 43551 v Walter Construction Group [2004] NSWCA 429 The Owners Strata Plan 68372 v Allianz Australia Insurance Ltd [2014] NSWSC 1807 The Owners - SP69567 v Landson Alliance Australia [2014] NSWSC 1592 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: Nil Category: Principal judgment Parties: Anthony Joseph Gleeson & Ana Maria Gleeson t/as ANT Building (Appellant) The Owners – Strata Plan No 81893 (Respondent) Representation: Counsel: M Walsh (appellants) T Davie (respondent)