Agdiran v Owners Corporation SP83475 [2016] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Agdiran v Owners Corporation SP83475 [2016] NSWCATAP 58 Hearing dates: 20 November 2015 Date of orders: 08 March 2016 Decision date: 08 March 2016 Jurisdiction: Appeal Panel Before: P Callaghan SC, Principal Member K Rosser, Senior Member Decision: (1) The Appeal is dismissed. (2) The Application for leave to appeal is dismissed. (3) The order appealed from is affirmed. (4) The stay in respect of the order appealed from is terminated. (5) The proceedings are remitted to the Consumer and Commercial Division of this Tribunal for any extant issue as to the costs of the proceedings in that Division to be dealt with. (6) Any application by the Respondent for costs of the appeal is to be made with supporting submissions to be filed and served within 14 days of the publication of this decision and any submissions by the Appellant in response are to be filed and served within 14 days after service of the Appellant's application and submissions. Any such application will then be determined on the papers. Catchwords: APPEAL - residential strata title development – claim for breaches of warranties under Home Building Act – grounds covering adequacy of reasons, procedural fairness and sufficiency of evidence – appeal dismissed APPLICATION FOR LEAVE TO APPEAL – similar grounds – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Aceti v Burhan Pty Ltd [2015] NSWCATAP 55 Beale v GIO of NSW (1997) 48 NSWLR 430 Collins v Urban [2014] NSWCATAP 17 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management Marketing Pty Ltd (2013) 250 CLR 303 Gallow v Duflow [2014] NSWCATAP 115 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Dorter & Sharkey, Building & Construction Contracts in Australia 2nd edn Category: Principal judgment Parties: Yusuf Agdiran (Appellant) Owners Corporation SP83475 (Respondent) Representation: Counsel: G Carolan - Appellant M J Dawson - Respondent