Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 [2016] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brodyn Pty Ltd v Owners Corporation Strata Plan 73019 [2016] NSWCATAP 113 Hearing dates: 10 August 2015 Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Titterton, Senior Member Decision: (1) The appeal is allowed in part.

(2) Order 1 made by the Tribunal on 31 March 2015 is varied by substituting the amount of $112,900.49 in lieu of the amount of $316,212.99;

(3) The proceedings are remitted to the Consumer and Commercial Division of the Civil and Administrative Tribunal , as originally constituted, to re-determine the amount to be awarded in respect of item 24 recorded in the Schedule found in par [352] of the reasons for decision dated 31 March 2015 in accordance with these reasons and on the following terms:

(a) the area of the works in the tiled area is 223.2 m² as recorded in the reasons for decision of the Consumer and Commercial Division of the Civil and Administrative Tribunal of 31 March 2015 at [258];

(b) the only issue for re-determination is the assessment of the reasonable rate for rectifying the waterproof membrane in the tiled area;

(c) the assessment of the reasonable rate for rectifying the waterproof membrane in the tiled area is to be determined:

(i) on the papers;

(ii) without a further hearing;

(iii) based on all relevant evidence originally before the Tribunal and not new evidence; and

(iv) subject to any directions which the Tribunal might consider appropriate, without further submissions.